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Date:      Sat, 6 Apr 2002 10:34:10 +0200
From:      Rahul Siddharthan <rsidd@online.fr>
To:        Terry Lambert <tlambert2@mindspring.com>
Cc:        Greg Pavelcak <gpav@som.umass.edu>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Use/Utilize
Message-ID:  <20020406083409.GB1901@lpt.ens.fr>
In-Reply-To: <3CAE9E85.BDEDB76C@mindspring.com>
References:  <20020405183857.GA58446@oitunix.oit.umass.edu> <20020405231950.B63981@lpt.ens.fr> <3CAE3C62.4012DA04@mindspring.com> <20020406064529.GB1426@lpt.ens.fr> <3CAE9E85.BDEDB76C@mindspring.com>

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Terry Lambert said on Apr  5, 2002 at 23:06:45:
> > In fact, if I follow Merriam-Webster's suggestions, I'd prefer to
> > "use" the code in a run-of-the-mill derivative work (embedding a GPL'd
> > FFT routine in a program of my own) but "utilize" the code in a novel
> > application (utilize an FFT to do fast multiplications of large
> > integers).
> 
> I prefer OED.

So do I, but I didn't have it handy and it's not available online.

> However...
> 
> Let's say everything you say is correct.  Do you agree that
> there is confusion in the GPL about whether or not derivative
> works constitute "use" or "utilization" of the code?

No, because "use" and "utilization" sound synonymous to me.  The point
is, is it use (or utilization) of the source code itself as part of
another program (such as a modified version of gcc), or use (or
utilization) of the program for its own purposes (producing a binary
with gcc)?  I think the GPL is pretty clear that it only applies to
re-use of the source code, and that (for example) a binary produced by
gcc is not covered by the GPL.
 
> I think there is, and I think this confusion is intentional.

Well, you've presumably talked to lawyers, and Stallman has talked to
lawyers, and the FSF employs lawyers, so whether there is confusion or
not may be resolved when it gets to court.  But in his interpretations
of the GPL in interviews, Stallman is quite clear about what he
intends; linking, or mixing, of source code is bundled by the GPL, but
"mere aggregation" or bundling -- say, on a CDROM -- is not, and
binaries produced by GPL'd tools are not.
 
> Surely, you must agree that the use of the word "free" is a
> redefinition, right?

No, but I agree it's ambiguous, and misleading, and probably
deliberately so.  

Rahul

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