Subject: Re: Open Source and Government agencies
From: Lynn Winebarger <owinebar@free-expression.org>
Date: Mon, 28 Feb 2000 16:20:30 -0500 (EST)

On Sun, 27 Feb 2000 shapj@us.ibm.com wrote:

> The PD thing is actually pretty simple.  Because the employee is
> government, the *patch* is PD. This does not make the whole of the work PD.
> A PD patch can be integrated into a GPL work, and in the process becomes
> PD.

    This is not necessarily true.  It's only true when the patch is not a
derivative work.  When is that you ask?  I don't know, as far as I know we
haven't seen any court cases about it yet, and until we do it's difficult
to say whether such a patch qualifies as a derivative work.  
    The main thing is, it won't be decided by the fsb list (or software
writers in general), and acting like it is decided is a mistake.

Lynn