Re: Plugins, libraries, licenses and Debian

[Arnoud Engelfriet <galactus@stack.nl>]

Anthony DeRobertis wrote:
> On Dec 9, 2003, at 08:25, Arnoud Engelfriet wrote:
> >>That doesn't follow. If we assume linking at runtime means creating a
> >>derivative work before runtime, then we can conclude only that the
> >>plugin is a derivative work of the plugin host.
> >
> >It is the host that loads the plugin into its memory, not vice
> >versa. So it is the host that does the linking.
> 
> A derivative work MUST be based on a pre-existing work. Title 17 USC 
> Sec. 101 is very clear on that.
> 
> The host was written before the plugin. It thus can't be a derivative 
> work of the plugin.

I agree. I don't think anyone is arguing that the host by
itself suddenly becomes a derivative of the plugin.

However, what I'm saying is that if you bundle the existing
host and the existing plugin into a composite work, you may
have created a derivative work. Just like if I put an existing
photograph next to an existing text to produce an illustrated
article.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/