[linux-elitists] Linus Torvalds puts GPL "derivative work" debate to rest

Nick Moffitt nick@zork.net
Sun Dec 7 18:50:13 PST 2003

[Quoting Linus Torvalds]
> "I ended up looking up the exact wording of the US copyright law for
> the definition of 'derivative', and guess what I find a few lines
> below it:
> 	'The term "financial gain" includes receipt, or expectation of
> 	receipt, of anything of value, including the receipt of other
> 	copyrighted works.' 
> "So . . . when he attacks the GPL as being somehow against
> 'financial gain', that notion that the GPL has of 'exchange of
> receipt of copyrighted works' is actually EXPLICITLY ENCODED in the
> US copyright law. It's not just a crazy idea that some lefty commie
> hippie dreamed up in a drug-induced stupor. 

	Ha!  Sure!  You wanna end a big obnoxious gnu.misc-like debate
about derivative works, and strike a blow against Darl at the same
time?  Just look up USC17 like good ol' Linus Torvalds.

> A ''derivative work'' is a work based upon one or more preexisting
> works, such as a translation, musical arrangement, dramatization,
> fictionalization, motion picture version, sound recording, art
> reproduction, abridgment, condensation, or any other form in which a
> work may be recast, transformed, or adapted. A work consisting of
> editorial revisions, annotations, elaborations, or other
> modifications which, as a whole, represent an original work of
> authorship, is a ''derivative work''.

"Forget the damned motor car and build cities for lovers and friends."
	-- Lewis Mumford


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