fair use (was Re: What licenses in category X satisfy criterion #2?)

[Joe Schaefer <jo...@yahoo.com>]

--- Ralph Goers <Ra...@dslextreme.com> wrote:

> Criteria #2 refers to licenses like the GPL 
> which says in part
> 
> > The "Program", below,
> > refers to any such program or work, and a "work
> > based on the Program"
> > means either the Program or any derivative work
> > under copyright law:
> > that is to say, a work containing the Program or a
> > portion of it,
> > either verbatim or with modifications and/or
> > translated into another
> > language.

> So any program which uses a library licensed under
> the GPL must also be 
> licensed under the GPL as they would be considered
> to be derivative 
> works.

I will repeat my statement that a license
is not the arbiter of what is or is not a derivative
work.  The question to me is whether or not writing
some glue code to interface with some 3rd party 
GPL'd code qualifies as fair use, and is therefore 
not considered by the courts as a derivative work.

I believe this is in fact the case, but would
appreciate it if someone skilled in these matters
would offer an opinion here.




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