GPL modules for a differently licensed OS'
Posted Sep 13, 2007 19:20 UTC (Thu) by nim-nim
In reply to: GPL modules for a differently licensed OS'
Parent article: Relicensing: what's legal and what's right
You have to understand the GPL is based on the "derivative" part of copyright international laws, and these laws are not software-specific, and indeed their roots are older than computers.
Software people do not understand legal concepts and keep trying to reduce derivation to its technical implementations. (because they feel confident that once they've nailed derivation to a particular technical effect they'll be able to find another they can safely use).
The hard truth is derivative is anything that makes use of ideas/code in the protected work. So it does not matter how this use is effected. Using creative indirections does not make derivation moot. If you figure a technical way to use some protected work, the sum of protected work + your stuff is a derived work.
That is unless you can prove your stuff was designed for something else, and this something else was not heavily inspired by the protected work. Of course if that were the case you'd not be trying to squiggle past "derivation" definitions.
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