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

Re: Combining proprietary code and GPL for in-house use

[Unlike TB, I still think this is a relevant topic for debian-legal,
though I'm begining to agree with him that Chloe hasn't been paying
attention to the relevant concepts.]

On Wed, Jun 27, 2001 at 10:18:04PM -0400, none wrote:
> I have trouble seeing how the separate distribution of A and B and
> then the end-user combining them is infringement by either the
> distributor or the end-user.

Of course, you understand that this creation of a derivative work
is regulated by copyright law (17 USC §106).

> Assuming that neither A nor B includes code from each other, then A is
> not a derivative work of B nor is B a derivative work of A and so they
> are not derivative works distributed under the GPL which would trigger
> the incompatibility issue for the distributor.

"includes code" isn't a criteria defined in copyright law.  Also,
you don't put bits inside other bits, so this isn't a criteria
relevant to the underlying machine.

However, compiling the program is creating a derivative work.  The
same applies to linking.

> The end-user has broad licenses under the GPL ("2. You may modify your
> copy or copies of the Program or any portion of it, thus forming a
> work based on the Program")

  2. You may modify your copy or copies of the Program ...
provided that you also meet all of these conditions: ...

I don't see that you've addressed any of those conditions, let alone all.

> I agree it "looks" rotten but .....
> Just some thoughts.

Please think a bit more.



Reply to: