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Re: LGPL module linked with a GPL lib

On 7/27/05, Humberto Massa Guimarães <humberto.massa@almg.gov.br> 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.

As Andrew Suffield has pointed out, this is a strawman 
argument.  But I'd like to reiterate that point.

(1) the creation happens in the human realm, when we talk
about "static linking" we're talking about the intent and activities
which lead up to the mechanical process.

(2) the code above is not original.  It has been published
before, under an "all rights reserved" license.  In the U.S.
this isn't a problem because of fair use laws.  I don't know
what the legal situation is with respect to this particular
code in countries which don't explicitly have that kind of
law on the books.  Presumably they have some other
rights for non-copyright-holders which are the real 
reason that this code doesn't violate copyright in those

Note that I'm taking it as a given that -- despite what
arguments people might present -- distribution of the 
above "hello world" code is not going to cause any
problems in any country -- despite copyright treaties,
 and despite the license on K&R's book.


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