Re: Use of GPL'd code with proprietary programs

[Rui Miguel Seabra]

On Sat, 2004-07-10 at 18:12 -0500, Isaac wrote:
> On Sat, 10 Jul 2004 23:30:58 +0100, Rui Miguel Seabra <rms@1407.org> wrote:
> > 
> > --=-6JhBhZOKGT72s1WYHe6p
> > Content-Type: text/plain
> > Content-Transfer-Encoding: quoted-printable
> > 
> > On Sat, 2004-07-10 at 23:41 +0200, Alexander Terekhov wrote:
> >> Rui Miguel Seabra wrote:
> >> >  You wrote the code.=20
> >>=20
> >> I wrote #include directive.=20
> > 
> > And as such, effectively include a file written by someone else into
> > your work.
> > 
> 
> I have two questions for you.
> 
> 1.  Does the result of including a file result in copyrightable expression 
> showing up in the executable?

Irrelevant. Copyright for computer programs is applied in any form. Some
programs don't even have a compiled executable and are interpreted.

> 2.  Is source code with an include directive a derivative work based on
> whatever file the include directive points to?

Irrelevant. What is relevant is:
  Is the new work the same without including the file?
  Is it 100% the same? I bet the compiler would say it isn't...

  So it is a derivate work.

Rui

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