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Some Legal Analysis of Combining propriety code GPL etc.



As it happens I wrote a section on this topic in a recent paper. Look in II.B.d (paginated at 24 in the pdf) discussing thecompulsory source distribution terms.

The paper is titled Open Source Software and Implications for International Copyright and Moral Rights in Software and can be found at http://www.nihonlinks.com/JamesMiller/OpenSourceMoralRights/CurrentDraft.pdf (TOC etc. at http://www.nihonlinks.com/JamesMiller/OpenSourceMoralRights/).

I consider consequnces of copyright in derivative works being held by the derivative author. The separate copyright makes the contractural interpretation of the terms of the initial license either as something that revokes the license or or not, all the more important. I think the ultimate interpretation will depend on the jurisdiction where an action is brought.



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