Re: [LAD] [OT] LinuxSampler and GPL - some clarifications

From: Dennis Schulmeister <linux-audio-dev@email-addr-hidden>
Date: Mon Jan 28 2008 - 00:21:07 EET

> As the GPL doesn't differentiate between source-code level or
> binary-code level, it *includes* both cases and so a separate
> application not capable of functioning as a standalone application
> and communicating with another licensed under the terms of GPL is a
> *derived* work.

Let's assume a Linux based operating system. Any application compiled
for that system needs the Linux kernel to be present in order to run.
Without the application cannot run. But does this render the application
a derived work? Does the application necessarily need to be licensed by
the terms of the GPL because the Linux kernel is? The simple answer to
both questions is no.

> Let's look at a real world case(the best one i could think about at
> the moment), suppose you manufacture shoes that you distribute via
> FedEx. Who is charging for distribution? Who is charging for the
> shoes? As you can see, charging for distribution of a computer program
> and charging for distribution of a computer program are 2 different
> things.

I would be charging for distribution. FedEx would bill me a small amount
for their service. I would charge that amount plus a little bit for
additional costs to the customer.

Yours sincerely,
Dennis Schulmeister

-- 
Dennis Schulmeister - Schifferstr. 1 - 76189 Karlsruhe - Germany
Tel: +49 721/5978883 - Mob: +49 152/01994400 - eMail: dennis@email-addr-hidden
Now moved to the corridor: Hermes! (http://ncc-1701a.homelinux.net)
(mostly German)
http://www.windows3.de - http://www.denchris.de
http://www.audiominds.com - http://www.motagator.net/bands/65
<GunPG KeyID: B8382C97>
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Received on Mon Jan 28 04:15:03 2008

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