Qt/Embedded

[kmself at ix.netcom.com]

on Sat, Nov 18, 2000 at 06:46:01AM -0500, Eric Jacobs (eaj at ricochet.net) wrote:
> 
> On Sat, 18 Nov 2000, kmself at ix.netcom.com wrote:
> >  
> > > I don't see how this follows.
> > 
> > You don't see how what follows?  That linking is a corrolate of Mai v.
> > Peak, or the principles established in Mai v. Peak?
> 
> That linking has anything to do with Mai v. Peak.

You and David are chasing the same rabbit.  You're running in the right
direction...

See my response to David.  While I'm not entirely clear on the logic, my
understanding is that, if the code plus linked libraries in memory is a
derivative work (we'll take this as given for the moment, and fight
about it later if we need to), then a special circumstance arises when a
system is shipped with disaggregated code plus libraries, with the
intent that, at runtime, the user create the combined derivative work by
running the program.  The user's act would appear to be allowable under
117.   The argument I think I've seen used is that the party shipping
the combination of code is necessitating an infringement of the terms of
the GPL.  As this isn't the party running the code, or the owner of the
copy, they wouldn't be afforded the same 117 exemption.  Maybe.

This has been hashed out in gnu.misc.discuss many times, I may try
digging through archives.  A search earlier tonight through Google on
"GPL link layer boundary copyright" turned up results but nothing
meaningful.

<...>

> > > Whether "a program linked to a library at runtime is a derivative
> > > work" is a different question.
> > 
> > The answer is unambiguous:  it's a derivative work.  Whether or not it
> > is a *protected* work is another question.
> 
> Given the vagueness of the statutory definition of "derivative work" in
> 17 USC 101, I can hardly agree that the answer is unambiguous. 

I disagree:

    A ``derivative work'' is a work based upon one or more preexisting
    works, such as [list ommitted] or any other form in which a work may
    be recast, transformed, or adapted.

    (17 USC 101)


> The GPL states: "... a 'work based on the Program' means either the
> Program or any derivative work under copyright law; that is to say, a
> work containing the Program or a portion of it, either verbatim or
> with modifications and/or translated into another language." (Section
> 0, GNU GPL v 2). A program linked to a library at runtime would not be
> a derivative work (because it does not contain the library or a
> portion of it.) 

You're aquainted with how a linker works?  It's the linking of object
code plus libraries which creates the machine-code executable.  For a
dynamically linked program, this step occurs at runtime.  The runtime
executable *does* contain, in machine code form (see above WRT
derivative works), the referenced portions of the library.

-- 
Karsten M. Self <kmself at ix.netcom.com>     http://www.netcom.com/~kmself
 Evangelist, Zelerate, Inc.                      http://www.zelerate.org
  What part of "Gestalt" don't you understand?      There is no K5 cabal
   http://gestalt-system.sourceforge.net/        http://www.kuro5hin.org
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