Clarification of GPL
Mahesh T. Pai
paivakil at yahoo.co.in
Sun Dec 14 05:23:31 UTC 2003
Alexander Terekhov said on Sat, Dec 13, 2003 at 07:06:40PM +0100,:
> Now replace "kernel" with SysV UNIX and GPL with
> "confidential" (OCO or something like that). How nice.
I consider this as a bug with the law - silliness of treating programs
as analogous to `literary, artistic and dramatic works' as I find from
the treaties, and the Indian law. AFAIK, at least few EU countries
treat the too treat software as a part of the category `literary,
dramatic and artistic' work.
The situation is this - I have program X, and you wrote Y which
depends on X. `Derivative work' in traditional copyright law was a
work which modified X. Here, though Y is depending on X; and will not
work without X, (a plug in; kernel loadable module) traditionally, it
ought to be treated as an independent work.
The nearest analogy from literature I can think of at the moment is X
being a grammar text book and Y my essay, which conforms to grammar
in that text book. Is my essay a derivative of the grammar book?
But, in computer programs, the analogy will not hold good; and
therefore, the law is buggy. Why waste bandwidth trying to work
within the framework of buggy laws? We should try to change the law.
But that is work for another list ...
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Mahesh T. Pai, LL.M.,
'NANDINI', S. R. M. Road,
Ernakulam, Cochin-682018,
Kerala, India.
http://in.geocities.com/paivakil
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