Subject: Re: Linking and the GPL
From: email@greglondon.com
Date: 19 Oct 2001 08:26:42 -0700

On Fri, 19 October 2001, Angelo Schneider wrote:

> THERE EXISTS NOTHING LIKE A COMMON TERM: "asuming fair use" etc.
> What "fair use" means is explicitly defined in copyright law. 

OK, maybe I've confused "fair use" with just plain "use".
whichever.  The point is that I can't figure out how
you can use a source code library without compiling it and
LINKING it with outside code.

otherwise you have a bunch of bits in RAM that you 
can never execute, therefore never use.  so, to me,
it seems that either linking is plain "use", or its
under a righted granted to the copyright holder,
(such as a derived work), but "fair use" allows the 
user to do the link anyway.

and the LGPL is going out of its way to 
assert that linking is "deriving"
when I can't see it as anything but use.

> > I copyright a JPEG.
> > 
> > I assume fair use says users can translate the
> > JPEG mumbo-jumbo into a two-dimensional array
> > or RGB values (i.e. DERIVE).
> NOPE!
> Fair use says: if you do translate it into RGB values you may not
> redistribute it. 
> Making a "derived work" falls fully under copy right law, there is no
> FAIR USE clause applyable to "derived work".

I said nothing of distribution in any of this discussion.

if I have a JPEG that you've copyrighted and given to me, 
you're saying I can't convert it to a viewable format 
that my computer video board can understand?
because its a derived work and you didn't give me those rights?

then I have a file that I can't use.

some derivation must be allowed to do the conversions from
a compressed, binary file, to a 2D array of RGB values
for my PC. "use" or "fair use", but its got to be in there
somewhere. otherwise, you're saying that if I pay your for
a JPEG, and you only grant me rights to "use" but not 
'derive', then I can't view it on my computer.

> > can I prevent you from displaying my translated
> > JPEG adjacent to proprietary images?
> 
> SURE!!! All that is copyright about!
> Copyright law forbidds it by default! 
> I'm not allowed to public display your images!

uh, miscommunication overload.
I did not mean to imply public display.

I was continuing the JPEG analogy where
someone wants to use my JPEG file,
create a RGB version, and display it
on their PC.  i.e. privately.

Greg


--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3