Dynamic linking, was: Re: Dispelling BSD License Misconceptions
matthew.flaschen at gatech.edu
Fri Jan 26 22:08:45 UTC 2007
Arnoud Engelfriet wrote:
> John Cowan wrote:
>> Arnoud Engelfriet scripsit:
>>> Specifically written to work only with one particular other program.
>>> Then it's a derivative. It is based on one pre-existing work and
>>> cannot function without that specific pre-existing work. That makes
>>> it a derivative in my book.
>> That comes awfully close to saying that if you write an article arguing
>> for some position, and I write another article arguing against yours,
>> that my work is a derivative of yours, even if I don't quote you (or at
>> least not beyond fair use/fair dealing). That seems to me a socially
>> dangerous position (it would make life hard for lawyers!).
> I'm not sure I follow that. A program cannot *function* without
> the pre-existing library. It has no purpose. It does not work.
> You can't make such a program without access to the library.
> The same can be said for an article. Although in that case you could
> probably rely on fair use or citation rights as an excuse for your
> derivation, so you would not be infringing.
Do you still think it would be a copyright infringement (though possibly
allowed by fair use) if no text was quoted? I highly doubt that.
>> In particular, there exists the C Answer Book (Tondo & Gimpel), which
>> gives answers to the study questions in The C Programming Language
>> (Kernighan & Ritchie). I can't see that it is a derivative work, even
>> though it is hardly usable without K&R.
> Well, personally I don't see why such an answer book is *not*
> a derivative work of K&R. It builds upon K&R and could not have
> been written without access to K&R.
I think this is a copyright infringement, because it uses the same form
(questions) as K&R.
In a somewhat similar case,
> a US 2nd Circuit Case decided a trivia book for the TV show Seinfeld
> was a copyright infringement.
I disagree here, unless the Seinfeld book was using large amounts of
-------------- next part --------------
A non-text attachment was scrubbed...
Size: 252 bytes
Desc: OpenPGP digital signature
More information about the License-discuss