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Re: Do I have to release the patch for a GPL software under GPL?
From: |
Alexander Terekhov |
Subject: |
Re: Do I have to release the patch for a GPL software under GPL? |
Date: |
Wed, 10 May 2006 18:48:40 +0200 |
Byron A Jeff wrote:
[...]
> However, your original post was questioning the ability to relicense a
> distributed patch for GPL software. That's a horse of a completely different
> color. In that case you are precisely talking about distribution, and so the
> full weight of the GPL is in effect.
Distribution under 17 USC 109 aside for a moment, the GPL has no weight
whatsoever for a patch that isn't an copy or a derivative work of some
GPL'd original. And it must be infringing (in absence of a license). It
means that a patch must contain some protected (under copyright law)
expression (i.e. elements not filtered out by the AFC test) from the
GPL'd original. Note that mere references to original code don't count
as protected elements. It is not that hard to create a patch where no
protected expression is taken from the original at all, or at least
separate a patch into GPL'd and GPL-free components.
regards,
alexander.
- Do I have to release the patch for a GPL software under GPL?, Dancefire, 2006/05/05
- Re: Do I have to release the patch for a GPL software under GPL?, Bernd Jendrissek, 2006/05/05
- Re: Do I have to release the patch for a GPL software under GPL?, Byron A Jeff, 2006/05/08
- Re: Do I have to release the patch for a GPL software under GPL?, David Kastrup, 2006/05/08
- Re: Do I have to release the patch for a GPL software under GPL?, John Hasler, 2006/05/08
- Re: Do I have to release the patch for a GPL software under GPL?, Byron A Jeff, 2006/05/08
- Message not available
- Re: Do I have to release the patch for a GPL software under GPL?, Gordon Burditt, 2006/05/12
- Re: Do I have to release the patch for a GPL software under GPL?, Alexander Terekhov, 2006/05/12
- Re: Do I have to release the patch for a GPL software under GPL?, Gordon Burditt, 2006/05/12
- Re: Do I have to release the patch for a GPL software under GPL?, Alexander Terekhov, 2006/05/12
Re: Do I have to release the patch for a GPL software under GPL?, Alexander Terekhov, 2006/05/11
Re: Do I have to release the patch for a GPL software under GPL?, John Hasler, 2006/05/11