Assistance/advice in choosing a license for POV-Ray 4.0
Rod Dixon, J.D., LL.M.
roddixon at cyberspaces.org
Mon Nov 14 02:01:00 UTC 2005
"...So the question is - does dynamic linking result in a derivative work ?
It seems to me that the answer must be 'no'."
"Must be no..." does not quite acknowledge that the answer is not
well-settled (at least in the United States).
We should be careful to acknowledge that your question potentially covers
two distinct works: the modification and the program generated by linking.
Regarding the former, attention to the linking issue is an unnecessary
distraction.
If a contributer creates an original work on the basis of rather trivial
use of the covered open source program, it probably will be irrelevant how
this is done (that is, whether by static or dynamic linking) as far as the
open source licensor's copyright interests are concerned.
Regarding the latter - - the program generated by dynamic linking - - I
agree that it is unlikely that the result will be a derivative work, but
the answer depends upon a fact-intensive analysis of what is created by the
linking.
For reference: take a look at a couple of cases like Lewis Galoob Toys v.
Nintendo and/or Microstar v. Formgen.
- Rod
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Rod Dixon
www.cyberspaces.org
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