On Wednesday, August 19, 2015 9:20:41 PM Rich Freeman wrote:
> On Wed, Aug 19, 2015 at 8:48 PM, Michael Orlitzky <m...@gentoo.org> wrote:
> > On 08/19/2015 08:37 PM, Fernando Rodriguez wrote:
> >>
> >> What's the purpose of these quotes?
> >> Neither of them says it doesn't allow steps 1-3. Instead of doing 
selective
> >> reading you should read the whole thing. If that's too much just read the 
first
> >> few questions under "General understanding of the GPL" on the FAQ.
> >>
> >
> > The point was that the GPL doesn't allow shit unless the copyright
> > holders grant you the license in the first place.
> >
> 
> And they have, in writing.  You can copy the kernel all you want under
> the terms of the GPL.
> 
> If you want to redistribute the kernel or a derivative work of it,
> then you need to also distribute your sources.  A binary module author
> isn't doing that, so they don't need anybody's permission.
> 
> You only need a license to do things that are forbidden by copyright
> law.  In general you can't bind licenses to unrelated activities.  I
> can't say that you have the right to use my software as long as you
> don't beat your wife.  Well, I can say it, but no court would enforce
> it.  Likewise you can't give somebody permission to use GPL software
> under the condition that they don't distribute other software which
> has nothing to do with your software other than containing a few
> symbol names in the linking table.
> 
> Try this exercise.  Go buy a Quran.  Now replace every occurrence of
> the word "Mohammed" with "Fred."  This email is now dynamically linked
> to a book that I've never bought or read.  Are you going to argue that
> this email is a derivative work of the Quran?  Suppose I told you to
> grab your scientology bible and rip out page 3.  Is that now grounds
> for me to be sued by the Church of Scientology, on the basis that I
> just cross-referenced their copyrighted work?  After all, I did quote
> one of their page numbers.

Try a different exercise. Go buy a Quran. Now use it as a cryptographic key to 
encrypt an email. Is the email now a derived work? That's no a perfect analogy 
but it's more like what happens when you dynamic link a library. 

It's not the symbols that are copyrighted, it's the code that those symbols 
load into your programs address space.

Here's a better example, see the Mona Lisa example in wikipedia[1]. Now, 
suppose I write a small program that downloads a Mona Lisa picture of the 
internet and displays it with a mustache overlaid? Is my program now a 
derivative work of the Mona Lisa? That's *exactly* what happens when you 
dynamic link to a library.

1. 
https://en.wikipedia.org/wiki/Derivative_work#Examples_of_derivative_works_under_U.S._law

-- 
Fernando Rodriguez

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