[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: Corel's apt frontend



Henning Makholm writes ("Re: Corel's apt frontend"):
> The only way the copyright on lib-apt could become an issue at all
> is if there is something that is derivate of lib-abt.

No, that's not true in this case.  Read on.

> "derivitate" is the magic word that makes the copyright holder have
> anything to say.

I'll switch from talking about lib-apt to talking about dpkg, because
that's the case at hand from my POV.  Corel are distributing dpkg -
ie, they are making copies.  Making copies is something that copyright
law says only the copyright holder may give permission for.

I have given permission for Corel (and others) to make copies of dpkg
according to the GPL, which makes the following restriction amongst
others:

 2...

     b) You must cause any work that you distribute or publish, that in
     whole or in part contains or is derived from the Program or any
     part thereof, to be licensed as a whole at no charge to all third
     parties under the terms of this License.
 ...
 These requirements apply to the modified work as a whole.  If
 identifiable sections of that work are not derived from the Program,
 and can be reasonably considered independent and separate works in
 themselves, then this License, and its terms, do not apply to those
 sections when you distribute them as separate works.  But when you
 distribute the same sections as part of a whole which is a work based
 on the Program, the distribution of the whole must be on the terms of
 this License, whose permissions for other licensees extend to the
 entire whole, and thus to each and every part regardless of who wrote
 it.

So, even if they are not derivative works in copyright law, the GPL
can still require that they be GPL'd, if they are distributed `as part
of a whole which is a work based on the program'.  Note that this
requirement doesn't talk at all about the technology which is used to
make the pieces work together.

I think that the `work as a whole' clause applies in this case, others
disagree.  Arguing about it won't help much.  We'll have to see what
Corel think.

It would be good if Jason could give me the relevant contact details
at Corel so I don't have to fight my way through their phone firewall
myself (and risk getting some legal exec who goes off half-cocked).

Ian.


Reply to: