> Perhaps the FSF will in future remember to pack a copy of the GPL in each > of its md5sum files on the mirror if this is a derivative work, and > modify the bittorrent protocol to include a copy of the GPL in the seed > files 8) > > Alan
I realize you're joking, but for the benefit of anyone who might not understand how this works: A derivative work must, first and foremost, be a work. If it's not a work, it's not a derivative work because a derivative work is a type of work. Aggregations of multiple works, when that aggregation is performed in an automated way, are not works. Even if I compile and link a bunch of source code, provided there is no creative input in the compile and link process, the result is not a work for copyright purposes. It is simply an aggregate of the bits of source code. The gist of a compilation or derivative work is the creative selection and modification process. If someone argues that a program is a derivative work of a header file it was compiled with, he is probably just being sloppy. The resulting executable contains the header file combines with other works. Of course, a source code file that is designed based on the contents of a header file may be a derivative work of that header file, but that would be because the human who wrote the source code file used bits of the header file in the source code itself. It would not be because the compiler combined them -- such an automated combination has no creative input and so cannot produce a work, and so cannot produce a derivative work. This is grossly oversimplified, but should give you the idea. DS - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to [EMAIL PROTECTED] More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/
