A few comments - how does a plugin become derivative under the law?

[dave1g]

I have to disagree that a free floating text file that only references the
libpurple api is a derivative work. I base this claim on the size of the
text being used, which is small, and the fact that APIs are not
copyrightable, at least that has been the decision of court cases in the US.
and so simply using the text of your api does not make his plugin a
derivative work under copyright law. which is the only thing that would
cause the gpl to be applicable to his plugin. He could in fact release that
plugin under any license he wants.

Now if he were to release a binary im still not sure because, there is still
nothing in the binary making the work a derivative under copyright law.  I
suspect that all the GPL court cases and almost court cases involved
wholesale copying and distributing of gpled software with little or no
modification but without the source. And again, if I wanted i could
reimplement the libpurple api in a bsd license and he could then compile
against my headers.

But we are all agreed that if he tried to release a fork of pidgin called
"pidgin with skype!" then he would be in violation of the gpl for "linking"
his plugin with pidgin and skype. Of course the violation comes when he
distributes this. not simply performing the link.


Ethan Blanton-3 wrote:
> 
> Michael spake unto us the following wisdom:
>> I'm sorry, but I fail to see how distributing or compiling said text
>> file is wrong in any way (for the creator of the text file of any person
>> who possesses it).  I think we're just gonna disagree on this no matter
>> what we say to one another. :)
> 
> Some people do not respect or appreciate Free Software; you may be one
> of those people.  If that is the case, we will certainly disagree.
> 
> Ethan
> 
> -- 
> The laws that forbid the carrying of arms are laws [that have no remedy
> for evils].  They disarm only those who are neither inclined nor
> determined to commit crimes.
> 		-- Cesare Beccaria, "On Crimes and Punishments", 1764
> 
>  
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