Question Regarding GPL
Rick Moen
rick at linuxmafia.com
Sat Jan 21 01:56:23 UTC 2006
Quoting Rod Dixon, J.D., LL.M. (roddixon at cyberspaces.org):
> Generally, to determine whether a derivative work is created (which is a
> mixed question of fact and law in the U.S.), a court will analyze two
> factors: (1) whether the module incorporates some form of the copyrighted
> GPL'd work, and (2) whether the module is substantially similar to the
> GPL'd work. The abstraction-filtration-comparison test applies to the
> latter factor, not the former; consequently, it is not a dispositive test
> as someone seemed to imply.
Oh, very well: The factual question would be resolved by a court not by
consulting Torvalds's or anyone else's opinions, but (in USA
jurisdictions) by applying the Altai test to the allegedly infringing
code _or_ finding that the allegedly infringing code involved actual
substantive copying. I had thought the latter point obvious.
--
Cheers, "He who hesitates is frost."
Rick Moen -- Inuit proverb
rick at linuxmafia.com
More information about the License-discuss
mailing list