> Among these, that if we wish to produce any derivative works (under the GPL's definition of "derivative"), we must also release these under the GPL.
This is not quite correct, in my opinion.
Copyright only applies to your work, and works which are derivative works according to copyright.
You can't write a license that requires someone to release 'all' his work under the GPL, for example. (It may be different if it's a contract.)
That's just what the FSF wants you to think. Of course, it usually doesn't pay to go through the legal hassel to defend yourself from unjustified claims by the FSF -- thus it's an effective chilling strategy.
It's a chilling strategy because the costs of not using a GPL software is always less than a legal fight.
Also, you do have rather established legal definitions of 'collective' and 'derivative works'. See, for example, Laurence Rosen: "Open Source Licensing". Then, why does the GPL3 not use them? Instead, is uses 'work based on' IIRC. So, why's that?
In my opinion, the resulting (legal) uncertainty is intentional.
Another reason: If the interpretation of the FSF is true, all works that ever linked dynamically against a Microsoft library would be derivative works of said library. Does it makes sense that companies like Adobe try to build a business on such shaky legal grounds?
Comments
> Among these, that if we wish to produce any derivative works (under the GPL's definition of "derivative"), we must also release these under the GPL.
This is not quite correct, in my opinion.
Copyright only applies to your work, and works which are derivative works according to copyright.
You can't write a license that requires someone to release 'all' his work under the GPL, for example. (It may be different if it's a contract.)
That's just what the FSF wants you to think. Of course, it usually doesn't pay to go through the legal hassel to defend yourself from unjustified claims by the FSF -- thus it's an effective chilling strategy.
For more information, see http://www.law.washington.edu/lta/swp/Law/derivative.html
> defend yourself from unjustified claims by the FSF
Has something like this ever happened?
You mean in court?
Of course, not! That's the point of a chilling strategy, you know?
So, nothing happens and, therefore, it's part of a chilling strategy? I am not sure if I can follow.
It's a chilling strategy because the costs of not using a GPL software is always less than a legal fight.
Also, you do have rather established legal definitions of 'collective' and 'derivative works'. See, for example, Laurence Rosen: "Open Source Licensing". Then, why does the GPL3 not use them? Instead, is uses 'work based on' IIRC. So, why's that?
In my opinion, the resulting (legal) uncertainty is intentional.
Another reason: If the interpretation of the FSF is true, all works that ever linked dynamically against a Microsoft library would be derivative works of said library. Does it makes sense that companies like Adobe try to build a business on such shaky legal grounds?
So, the FSF is out to obstruct the use of GPL software. Who would have imagined that?
Yeah, totally unbelievable, isn't it?
For they give away their stuff with no strings attached! Oh, wait...
Not only it comes with no strings attached (as being Free Software requires), the GPL ensures nobody will ever be able to attach any strings to it.
The only thing you can't do with code derived from GPL'ed code is attaching strings to it. Your clients should celebrate it.