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Date:      17 Dec 2001 18:24:03 -0800
From:      swear@blarg.net (Gary W. Swearingen)
To:        GB Clark II <gclarkii@vsservices.com>
Cc:        chat@FreeBSD.ORG
Subject:   Re: IBM's intentions with JFS (was: IBM suing (was: RMS Suing was [SUGGESTION] - JFS for FreeBSD))
Message-ID:  <1dd71d1d18.71d@localhost.localdomain>
In-Reply-To: <01121718324202.65128@prime.vsservices.com>
References:  <local.mail.freebsd-chat/3C186381.6AB07090@yahoo.com> <20011217160411.G377@prism.flugsvamp.com> <5dpu5d1j1y.u5d@localhost.localdomain> <01121718324202.65128@prime.vsservices.com>

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GB Clark II <gclarkii@vsservices.com> writes:

> Also from the GPL:
> 
> "In addition, mere aggregation of another work not based on the Program
> with the Program (or with a work based on the Program) on a volume of
> a storage or distribution medium does not bring the other work under
> the scope of this License."
> 
> Just being on a CD with other stuff does not put the entire CD under the GPL.

That's only true if you believe your GPL quote over-rules this GPL quote:

    But when you distribute the same sections as part of a whole which
    is a work based on the Program, the distribution of the whole must
    be on the terms of this License, whose permissions for other
    licensees extend to the entire whole, and thus to each and every
    part regardless of who wrote it.

I don't know how a lawyer or any random GPL licensor would harmonize
those two passages.  I'd guess the same way you do, but it's just a
guess.  FUD reigns.

I think that your GPL quote allows dynamic AND static linking without
contamination if it allows the form of linking which occurs when
collecting works on a CD.  Copyright law doesn't distinguish between
executable object module collections and unexecutable source module
collections, AFAIK.  The same theory that finds linking viral could
find compilation viral.  People don't want to hear it, but nobody
explains why it isn't so.

> All of this has hashed years ago back at the very begining of the Project.

And ever since, probably.  You don't mind if we develop our own opinions
by chatting about it, I hope.  (Though I may be overdoing it a bit. I'll
try to cut down on it.)

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