Re: Static v. Dynamic Linking -- redux

2002-03-16 Thread Emiliano
David Johnson wrote: I say almost completely because I think the burden of proof should shift to the creator of an alleged derivative work to demonstrate either (1) the DLL was designed and intended to be invoked dynamically by programs that are not derivative works of that DLL, or (2)

RE: Static v. Dynamic Linking -- redux

2002-03-16 Thread Emiliano
Russell Nelson wrote: I am totally uneducated in the matters of license legalities, but is it actually illegal to circumvent a license? If the wording of the license allows a particular use, will the court read the letter of the license or the spirit of the license? In my

RE: Static v. Dynamic Linking -- redux

2002-03-16 Thread Russell Nelson
Emiliano writes: I don't think it'd be a good approach (legally or morally), but isn't the licensee bound by the text of the license, and nothing else? Again, I must stress that this is not based on experience, but instead on learning. From what I have read, what really matters is your

RE: Static v. Dynamic Linking -- redux

2002-03-16 Thread Lawrence E. Rosen
David Johnson wrote: I would suggest that proprietary licenses that restrict linkage do so by restricting the *use* of the library, and not by being redundant with regards to copyright law. I agree. /Larry Rosen -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

Re: Static v. Dynamic Linking -- redux

2002-03-16 Thread David Johnson
On Saturday 16 March 2002 01:16 am, Emiliano wrote: Your first point is interesting. I'm wondering how one could demonstrate that a library was meant to be invoked by non-derivative works. Here the criteria that I would use: the library is a separate distinct package, and the interface

Re: Static v. Dynamic Linking -- redux

2002-03-16 Thread Ian Lance Taylor
Emiliano [EMAIL PROTECTED] writes: Russell Nelson wrote: I am totally uneducated in the matters of license legalities, but is it actually illegal to circumvent a license? If the wording of the license allows a particular use, will the court read the letter of the license or

Re: Static v. Dynamic Linking -- redux

2002-03-16 Thread John Cowan
Ken Arromdee scripsit: Here, intent to circumvent the license just means intent to follow the letter of the license while not following it's spirit. A dirty dog will get no dinner from the courts. Laws aren't programs, and judges definitely aren't computers. They have a keen sense of being

RE: Static v. Dynamic Linking -- redux

2002-03-15 Thread Emiliano
Lawrence E. Rosen wrote: That said, and after some reflection, I would now argue that the trivial conversion of a static link into a dynamic link or API interface, simply to get around the provisions of the GPL, won't work. The court would hear from a parade of experts who would explain

RE: Static v. Dynamic Linking -- redux

2002-03-15 Thread Lawrence E. Rosen
[This is a new thread from Re: OSD modification regarding what license can require of user. The previous thread was dealing with server applications. I'm not trying to stop the previous thread, which is interesting for other reasons. As time permits I intend to chime in on that too.] Emiliano

RE: Static v. Dynamic Linking -- redux

2002-03-15 Thread Russell Nelson
Emiliano writes: I am totally uneducated in the matters of license legalities, but is it actually illegal to circumvent a license? If the wording of the license allows a particular use, will the court read the letter of the license or the spirit of the license? In my admittedly limited

RE: Static v. Dynamic Linking -- redux

2002-03-15 Thread Ken Arromdee
(Huge To: line deleted. Feel free to repost if you want.) On Fri, 15 Mar 2002, Lawrence E. Rosen wrote: That said, and after some reflection, I would now argue that the trivial conversion of a static link into a dynamic link or API interface, simply to get around the provisions of the GPL,