Anthony DeRobertis wrote: > On Dec 7, 2003, at 17:07, Arnoud Engelfriet wrote: > >If I understand the FSF correctly, they claim that a package > >containing both 'afe' and the 'barnitz' plugin is a derivative > >work of the 'barnitz' plugin. > > No package containing both was created in the above! > > Even if one were, it'd be a compilation --- not a derivative work --- > as there was no modification of either work. IOW, a mere aggregation.
It is definitely an "aggregation" but is it a _mere_ aggregation? A package with both afe and barnitz is likely built in such a way that the end user will run both. That seems to suggest the package is more than just the two on the same storage medium. > >And since the FSF's logic is "linking at runtime means > >derivative work before runtime", it follows that the bundle > >is a derivative work of the plugin. > > That doesn't follow. If we assume linking at runtime means creating a > derivative work before runtime, then we can conclude only that the > plugin is a derivative work of the plugin host. It is the host that loads the plugin into its memory, not vice versa. So it is the host that does the linking. Arnoud -- Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
