Using GPL'd software in BSD-licensed app

[David Johnson]

On Wed, 10 May 2000, Ken Arromdee wrote:

> It should be noted that this claim is highly controversial.  I, for one, don't
> buy it.  It would mean that, for instance, if you make a program that only
> runs under Microsoft Windows and dynamically links Windows libraries, it is a
> derivative of Windows and Microsoft can legally prevent you from selling it.

IANAL, as you are aware. However, dynamic linkage does not necessarily 
make something a derivative in the sense of copyright. This is doubly
so for libraries, whose sole purpose and existance is to be linked to.
I am not up to speed on the DMCA, but I don't really consider that
proper copyright law to begin with. It could very well be possible that
Microsoft could stop you through a DMCA provision, or claiming that you
are under contract with them according to their EULA.

Software under the GNU GPL is a completely different matter. The GPL
specifically states that its definitions are to be considered in the
sense of copyright. You cannot take the words "derive" and
"derivative" as being kinds of programmatic linkage or inheritance. The
GPL only applies to source code if they are the "work" or derived in
the copyright sense from it.

Consider the exact definition in copyright law: "A derivative work is
a work based upon one or more preexisting works, such as a translation,
musical arrangement, ... or any other form in which a work may be
recast, transformed, or adapted. A work consisting of editorial
revisions, annotations, elaborations, or other modifications, which, as
a whole, represent an original work of authorship, is a derivative
work." (US Copyright Office publication, 'Copyright Law of the United
States') This seems clear to me that the derivative work must contain
and incorporate portions of the original work.

Whether or not portions (or enough portions) of the original dynamic
library are included during the compilation process is the true source
of the controversy. When a well written library is used, the linking
program will contain nothing more than references. 

-- 
David Johnson...
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