OK, we were talking past each other. I was responding to case 1 and 2 in your original posting, ...Khim's original posting, not mine?
...pointing out that bugs, features, and performance issues might cause two independent works to nevertheless be related -- not in the GPL/copyright derived-works sense, but rather in the sense that not all possible pairs of versions of the two works could be expected to work together correctly.True, except where you say "not in the GPL sense". The GPL has implications which go further than just derived works -- it explicitly extends to sections of a combined work which, when distributed separately, would be considered independent and separate works in themselves.
The only thing that lets you distribute that combination of non-GPL'd and GPL'd stuff is if it's "mere aggregation on a volume of a storage or distribution medium", like two programs which both happen to be on that shareware CD I mentioned earlier.
The existence of a close relationship such as the one you hypothesise would tend to indicate that this is not "mere aggregation on a volume of a storage or distribution medium". And that, I think, is what Khim was talking about. It's certainly what I was talking about in the post he quotes.
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