Re: [Omake] Re: [Caml-list] Announcing the OMake build system version 0.9.1

[Erik de Castro Lopo <ocaml-erikd@mega-nerd.com>]

On Sun, 5 Sep 2004 22:54:09 -0500 (CDT)
Brian Hurt <bhurt@spnz.org> wrote:

> Having actually had a discussion with an IP lawyer over basically this 
> issue, fears of the GPL in this case are (I think) unfounded.
> 
> First off, the GPL only covers, can only cover, derived works.  The GPL-
> nor any copyright license- can not "infect" anything other than derived
> works.  No license can- as a copyright holder, you only have rights over
> the original work and derivitive works, you have no more rights than that,
> period.  So the question becomes one of what is a derived work.  Wether or
> not simply *linking* creates a derived work is one that has not been
> answered authoritively. 

I think (and hope) that existing practice supports the idea that
linking does create a derived work.

I am the (sole) author of a library released under dual license;
the GPL for linking with GPL compatibale code and a commercial use
license allowing people to use the library in closed source
applications. This commercial use license earns me money.

The very fact that I give people an option (GPL or commercial)
shows the intention that the library can only be used with 
closed source programs if a license is paid for. I am hoping
that not even the slimiest lawyer would try to get around this.

> This is why it's an open question as to wether simply linking 
> code makes the linked code "derivitive" enough for the GPL to cross the 
> threshold.  If this becomes important, hire a lawyer.

If you do decide to hire a lawyer, be aware of the large body
of existing practice that would be used by the defence to 
uphold the linking/derived work connection.

Erik
-- 
+-----------------------------------------------------------+
  Erik de Castro Lopo  nospam@mega-nerd.com (Yes it's valid)
+-----------------------------------------------------------+
"Linux is produced to be used, whereas the others are produced
to be sold"  -- Bobby D. Bryant

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