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    SubjectRe: Gauntlet Set NOW!
    On Thu, Jan 09, 2003 at 12:08:50AM -0800, Andrew Morton wrote:
    > Richard Stallman wrote:
    > >
    > > ...
    > > That's not the FSF's view. Our view is that just using structure
    > > definitions, typedefs, enumeration constants, macros with simple
    > > bodies, etc., is NOT enough to make a derivative work. It would take
    > > a substantial amount of code (coming from inline functions or macros
    > > with substantial bodies) to do that.
    > The last part doesn't make a lot of sense.
    > Use of an inline function is just that: usage. It matters not at
    > all whether that function is invoked via inline integration or via
    > subroutine call. This is merely an implementation detail within
    > the code which provides that function.
    > Such functions are part of the offered API which have global scope,
    > that's all.

    I think part of the problem is that 'derived work' here is not
    something the FSF or the GPL is really in a position to define. It is
    instead the other side of the 'fair use' coin of copyright law. The
    question is really how much use of header files is fair use (and
    therefore completely independent of copyright) and how much
    constitutes a derived work (and therefore subject to the rules of the
    GPL)? Only a court can decide.

    However, I suspect that 'function' is not a bright line here. There
    are certainly plenty of inline functions that are trivial. You can
    quote f(x)=x^2 from a paper and not be infringing. Similarly,
    most if not all structure definitions are also trivial in the sense
    that they're simply lists of names and types - you can copy ingredient
    lists, phone directories and the like wholesale and also not be
    infringing. You're much more likely to get into trouble with things
    like the spinlock or semaphore code which are complex, original, and
    fairly unique.

    (I first typed that as uniq - enough shell hacking for today)

    "Love the dolphins," she advised him. "Write by W.A.S.T.E.."
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