On Wednesday 24 August 2005 02:17 pm, Måns Rullgård wrote: > Sean Kellogg <[EMAIL PROTECTED]> writes: > > On Wednesday 24 August 2005 01:46 pm, Catatonic Porpoise wrote: > >> Sean Kellogg wrote: > >> >I'm pretty sure it is a PHP-derivative. It relies on all sorts of > >> > built in PHP functions to create the finished work. Perhaps... > >> > PERHAPS... the code you download for phpbb, on its own, MIGHT be a > >> > separate and distinct work, but it's not "phpbb" until it's merged > >> > with PHP functions to create the finished, derived work. > >> > >> I see a little problem with this line of reasoning. It would seem to > >> imply that if I post a C program I wrote on my website, in source code > >> form, that program is subject to the license of every libc anyone might > >> ever compile it with. > > > > I would think the code you post is just code. You're free to post > > your own code as much as you like. However, if I download that code > > and use it in conjunction with glibc, then yes, I must abide by the > > license chosen by the authors of glibc. But it does raise an > > interesting question... > > [...] > > > But if we assume the developers of phpBB actually downloaded PHP, > > they agreed to not make derivative software with certain titles. > > Going back to the C example you raised... the developer of the C > > program must abide by the terms of the libc he or she chose to > > develop with. > > I build my code on a variety of systems, including Linux/glibc, *BSD, > Solaris, AIX, MacOSX, etc. Does this mean that my programs are > derivatives of all these C libraries/compilers?
Yeah, I believe so. This is why glibc is under the LGPL. It's really easy to create derived works under U.S. Law. As a side note, there is some really interesting unexplored areas of law relating to derivative works and things like dynamic vs. static linked libraries. There is some case law, but I think it leaves a lot unanswered. For the purposes of this discussion, I'm supporting the popular contention that using a dynamically linked library creates a derivative work (although, I have my doubts). -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate & Professional Student Senate Treasurer UW Service & Activities Committee Interim Chair w: http://www.probonogeek.org So, let go ...Jump in ...Oh well, what you waiting for? ...it's all right ...'Cause there's beauty in the breakdown
