On Sat, 28 Feb 2004, Arnoud Engelfriet wrote: > If there's only one library in existence that implements the API, > then you _must_ have used that library.
Technically, no. I do not _have to_ use any library to make a dynamically linked executable. For example, I develop open source software that links with proprietary modules. Usually, I have no idea what those modules are. I just add hooks for them. Some hooks are probably used by a single module only. That does not make my software a derivative of the module or vice versa (I hope). The only thing we really share is the interface, which is not copyrightable. But let's assume that software developers did, in fact, use a viral library to test their software. That fact should not make the resulting software (that contains no pieces of the viral library!) a derivative, IMO. > Then I cannot see how your program can be anything other than a > derivative of that library. Using something does not automatically makes the result a derivative. For example, benchmark results are not the derivative of the benchmarking software although they can only be produced by that software. Most programs are not derived from the software used by Mac chips, even though many of them can use nothing but the instruction command set supported by Apple software. Use is not derivation. Only certain kinds of uses make the software a derivative. Alex. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
