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Date:      Mon, 25 Mar 2002 13:59:22 +0300
From:      Hans Reiser <reiser@namesys.com>
To:        Terry Lambert <tlambert2@mindspring.com>
Cc:        hiten@uk.FreeBSD.org, Chris Mason <mason@suse.com>, Josh MacDonald <jmacd@CS.Berkeley.EDU>, Parity Error <bootup@mail.ru>, freebsd-fs@FreeBSD.ORG, reiserfs-dev@namesys.com
Subject:   Re: [reiserfs-dev] Re: metadata update durability ordering/soft updates
Message-ID:  <3C9F030A.7040205@namesys.com>
References:  <20020317225759.82774.qmail@web21109.mail.yahoo.com> <3C95ACBA.4040108@namesys.com> <3C95B838.F8ECE39A@mindspring.com> <3C95C8C3.7080803@namesys.com> <3C966CDF.25A7A379@mindspring.com> <3C9E1D6E.3080604@namesys.com> <3C9E6BEC.B2EB8D86@mindspring.com>

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Terry Lambert wrote:

>Hans Reiser wrote:
>
>>Terry Lambert wrote:
>> >Precisely.  So you can port it, and the result of the port
>> >is still GPL'ed.  At that point, you can treat it like any
>> >other GPL'ed code that the original vendor had ported.
>> >
>> >You do the port, buy you don't distribute it, so you are not
>> >required to make sources available.  You merely use the port
>> >internally.
>> >
>> >Alternately, you do the port, you distribute it, but you do
>>
>>distribute means what?
>>
>
>	"to give out or deliver especially to members of a
>	 group <distribute newspapers> <distribute leaflets>"
>
>If you never do this, then the clauses which require source to
>be given out are never invoked.
>
>> >not distribute it linked against your proprietary code.  You
>> >make the end user do the linking, if they want to use it.  By
>>
>>There is absolutely nothing in the license that makes derivative
>>specific to linking issues.
>>
>
>It's not an issue of derivation.  It's an issue of linking.  It's
>put in plain English in the last paragraph:
>
>	This General Public License does not permit incorporating
>	your program into proprietary programs.  If your program
>	is a subroutine library, you may consider it more useful
>	to permit linking proprietary applications with the
>	library.  If this is what you want to do, use the GNU
>	Library General Public License instead of this License.
>
>If I link A + B -> C, then C is a derivative work of A and C is
>a derivative work of B.
>
>If you look at clause 2(b), you'll see:
>
>	You must cause any work that you distribute or publish,
>	that in whole or in part contains or is derived from the
>	Program or any part thereof, to be licensed as a whole at
>	no charge to all third parties under the terms of this
>	License.
>
>The "in whole or in part contains" is the kicker for linking.
>
To contain does not require linking.

>
>
>
>> >optioning it, you are off the hook for making your proprietary
>> >source code available, but the end user is not.  Since the
>> >end user never had your source code, the end user can not
>> >distribute the combined code further.
>>
>>No, you have made a derivative work.  That you linked it only through a
>>surrogate means nothing.
>>
>
>The user is not a surrogate.  If you had written a program, and
>that did the linkage, then the program would be a surrogate.  By
>leaving it as an exercise for the user, you are in the same
>position as an distillery or gun or a bolt cutter manufacturer:
>not responsible for the use to which tsomeone puts your product.
>
>
>>Consider what will happen as we move to NUMA/cluster/distributed
>>computing architectures.  Linking will become less and less meaningful,
>>because programs will be composed into wholes much as functions are
>>composed into wholes currently.  This is perhaps why the GPL doesn't
>>say that if it isn't linked, it is okay.
>>
>
>At this point, they will have to use the "escape to a new version"
>mechanism in clause 9 to keep the license relevent.  The initial
>LGPL failed to take into account dynamic linking; it still doesn't
>take into account data interfaces, or initialized data, which end
>up as part of the program image (the curses library has a number
>of external variables, and there are always declarations changes on
>"errno" and "syserrlist[]").
>
>
>>I think it is a real problem that people can't easily get a good
>>authoritative definition of what is and is not a derivative work
>>when they need to make their decisions.
>>
>
>At least in the U.S., there is a very clear legal definition,
>having to do with both overall percentage of code, and centrality
>of the code to the resulting work.
>
>-- Terry
>
>
So, if a vendor (not being hypothetical here) bases a cluster filesystem 
on reiserfs, is reiserfs central to the resulting work?

I think so.  I also think that linking or not linking is not determinative.

Hans


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