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WordPress, themes, and derivative works

WordPress, themes, and derivative works

Posted Aug 5, 2010 10:07 UTC (Thu) by rqosa (subscriber, #24136)
In reply to: WordPress, themes, and derivative works by dlang
Parent article: WordPress, themes, and derivative works

> what's even worse is trying to say that using the API in one way (static linking) makes a derivative work, but in another way (dynamic linking) does not. Given that there is no difference in the creative work involved (writing the new program), only in the mechanical step of creating the binary.

But there is a difference: the statically-linked binary includes (parts of) the library. If you distribute the binary, you're also distributing (parts of) the library. It's less clear whether the dynamically-linked binary contains any parts of the library; if there are things like inline functions or template functions in the .h files, it probably does, but otherwise…

(However, PHP code is distributed in source form, and it seems pretty clear that source code that merely contains a call to "require_once()" isn't necessarily a derived work.)


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WordPress, themes, and derivative works

Posted Aug 6, 2010 8:42 UTC (Fri) by dlang (subscriber, #313) [Link]

in all cases you may be distributing the library, so it's not a matter of if you are distributing it, but rather if your program becomes a derivative work if you use one method of linking, but not if you use a different one.

since linking is not a creative task, I don't see how it could create anything that's protectable by copyright.


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