Date: Sat, 30 Nov 2002 22:48:44 -0800 From: Terry Lambert <tlambert2@mindspring.com> To: Darren Pilgrim <dmp@pantherdragon.org> Cc: freebsd-chat@freebsd.org Subject: Re: Is a port skeleton considered a derivative work under the GPL? Message-ID: <3DE9B0CC.8A368E61@mindspring.com> References: <3DE9A680.4000702@pantherdragon.org>
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Darren Pilgrim wrote:
> I'm planning on making a port skeleton for a GPL'd program. I can't,
> though, figure out if I have to GPL the port skeleton or not. If the
> skeleton is just the basic wrapper Makefile and uses the entire contents
> of the original tarball verbatim, the skeleton is the equivalent of an
> external start-up script and thus outside the scope of the original
> license, right? What if I need to include patches or replace the
> original Makefiles to get a clean build and install? Do those patches
> and replacements have to be GPL'd? I've read the GPL, and all I gained
> is a state of confusion. IANAL, I guess.
You are basically asking the question "What makes A a derivative
work of B?".
Please see:
http://www.pbwt.com/Attorney/files/ravicher_1.pdf
For a lawyer's take on the subject, with regard to Open Source
Software.
See also:
http://www.law.duke.edu/copyright/copykids/definitions.html#derivativework
IMO:
o The skeleton is _not_ a derivative work
o The patches *are* a derivative work (thre represent
deltas against the original code, and would preferrably
"go away", so that the code would compile on FreeBSD
without modification)
o Replacement Makefiles are not derivative, but you
might as well make them GPL, since they aren't
useful without the code that it compiles. In general,
replacements shouldn't be necessary; probably, you
need to install "bash" and "gmake" and perhaps other
code as package dependencies, instead, to avoid the
rewrite.
-- Terry
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