Messages in this thread | ![/](/images/icornerl.gif) | | Subject | Re: Monta Vista software license terms | From | Valdis.Kletnieks@vt ... | Date | Wed, 12 Feb 2003 16:43:10 -0500 |
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On Wed, 12 Feb 2003 13:30:21 PST, David Schwartz said:
> You already have the right to produce derivative works.
No. At least in the US, 17 USC 106 says producing a derivative right is reserved to the copyright holder, except for the cases enumerated in 17 USC 107-121.
So if you're producing a derivative work without having gotten the rights to do so, you're screwed in the legal sense.
Clause 2 of the GPL gives you the right to produce derivative works *IF* you accept the conditions. Having accepted that clause, you're bound by it - that's what makes the GPL work.
Please enumerate what *OTHER* way you are getting the right to produce a derivative work, rather than via the GPL clause 2. (Note that this *could* happen, if for instance code is dual-licensed and you are getting the right via the other license).
> You already > have the right to distribute the original work. You already have the > right to distribute the modifications. Your recipient already has the > right to use and possess the original. There is no additional right > to the original work for this section to give you. The right it seeks > to give you is the simple sum of rights you already have.
Note again that two of these rights (distribute the original, distribute the modifications) are *NOT* ones you inherently have - you are getting them *WITH RESTRICTIONS* on what you can and can't do (see clause 2 again).
> "Distributing derived works" is not a specific right under any > copyright law I know of. It's the sum of other rights. You need some
It's the sum of several rights, one of which is "creating a derived work". If you can't legally create a derived work, you can't legally distribute same. -- Valdis Kletnieks Computer Systems Senior Engineer Virginia Tech
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