On Wed, Jul 27, 2005 at 02:42:35PM -0300, Humberto Massa Guimar?es wrote: > Static linking can *not* create a derived work, because it is an > automatic process. Poster case: is hello, generated from hello.c: > > #include <stdio.h> > int main(int argc, char** argv) { > printf("Hello\n"); > return 0; > } > > a derivative work of something it's (statically) linked to? > The answer is no, because derivative works, as intelligent > transformations, can only appear when you *create* a work. This is a FAQ, or more precisely something that people frequently get wrong. The derivative work was created when you wrote the source code that needs to be statically linked. Myopically staring at the build process does nothing to change this. Additionally, when linking statically, you are performing literal copying of the original work into the target binary, so the GPL kicks in there too. > Anyway, the person who "recombines" the "film" and "track", in the > case of dynamic linking, is the *USER*, in the process of using the > program, and copyrights protection do not apply at that moment, as > per 17USC. You Are Wrong. Under US law, this is Contributory Infringement, which carries a full array of jail terms. SCOTUS just upheld it against Grokster a few weeks ago. Providing an automated system for users to perform infringing acts, with the sole intent of aiding them in performing those acts, is the same as doing them yourself. The rest of the world isn't quite so crazy, but then it doesn't get into this ridiculous word game in the first place. -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' : http://www.debian.org/ | `. `' | `- -><- |
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