restrictions on web service linking?

Arnoud Engelfriet arnoud at
Wed Nov 22 07:23:07 UTC 2006

Clark C. Evans wrote:
> On Tue, Nov 21, 2006 at 08:53:47PM +0100, Arnoud Engelfriet wrote:
> | If we assume dynamic linking is creating a derivative work,
> | then that's not allowed. A derivative of GPL and oldstyle-BSD
> | code cannot be distributed.
> I think you're forgetting *when* the derived work is created.

That depends on how you phrase the argument. If I paste a photo
in my article, that's creating a derivative work. What if I
bundle the photo separately and state "Paste photo here" at the
appropriate location? Like I said, Ph.D theses have been written
about this.

> | What OSD 9 tries to do is draw a line between derivative works
> | and "other works". A license can put restrictions on derivatives
> | but not on those "other works".
> I kinda read OSD#9 more literally, that it doesn't place restrictions on
> other software it is distributed along with.  That is what it says anyway.

That's exactly what it says - the question is, what is
"other software" and when does something stop becoming *other*

I can completely see your argument. Problem is, this isn't
anything like math where we struggle over the formulas until
the right answer comes out. It has to be a consensus that
seems reasonable to most people. Hence the Ph.D. theses.
And I'm afraid the consensus right now is "linked libraries yes, 
cooperating programs no".


Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies:

More information about the License-discuss mailing list