Linked by Thom Holwerda on Wed 2nd May 2012 22:32 UTC, submitted by PLan
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Member since:
2006-01-25
API's are not copyrightable.
GPL is copyright.
Do you see the problem now?
I write some code. In the code I link to a GPL'd library. In order to do so I have to conform to its API (or it won't work). So in the end I have a program that uses a GPL'd library. There is no other known library that conforms to this API - it is unique to this particular GPL'd work.
I decide to release it without distributing the library myself - I leave it up to the user to acquire the library. I do not release my source code and I do not license my work under the GPL.
Have I violated the GPL? The FSF would say that because you obviously demonstrated intent to link to a GPL'd implementation you are creating a derived work and thus you are violating the GPL. Many others would say you are not. My only point is I don't see how the EU ruling affects this argument either way - it was never about whether APIs can be copyrighted, it is about what is considered a derivative work under copyright law. Two completely unrelated issues...
Again, what I was talking about is a completely different scenerio (i.e. creating a compatible but independent implementation) - there is no derived work because I never demonstrate any intent to combine with the original work.