diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 91fc9e67eedd42de7dc00c1dafd2988fcc4a7e9b..76941223a222c7a30d515a4762508f6af675c4b4 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -1450,6 +1450,38 @@ detailed software derivative work analysis. Most often, cases involve clearer basis for decision, including frequent bad faith on the part of the defendant or over-aggressiveness on the part of the plaintiff. +\section{How Much Do Derivative Works Matter?} + +It is certainly true that GPL intends for any work that is determined a +``derivative work'' under copyright law must be licensed as a whole under +GPL\@, as will be discussed in the following chapter. However, as we finish +up our discussion derivative works, we must note that preparation of a +derivative work is by far not the only way to create a new work covered by +GPL\@. + +In fact, while derivative work preparation is perhaps the most exciting area +of legal issues to consider, the more mundane ways to create a new work +covered by GPL are much more common. For example, copyright statutes +generally require permission from the copyright holder to grant explicit +permission to modify a work in any manner. As discussed in the next chapter, +the GPL {\em does} grants such permission, but requires the modify work must +also be licensed under the terms of the GPL (and only GPL: +see\S~\label{GPLv2s6} in this tutorial). Determining whether software was +modified is a substantially easier analysis than the derivative work +discussions and considerations in this chapter. + +The question of derivative works, when and how they are made, is undoubtedly +an essential discussion in the interpretation and consideration of copyleft. +That is why this chapter was included in this tutorial. However, as we +return from this digression and resume discussion of the detailed text of the +GPLv2, we must gain a sense of perspective: most GPL questions center around +questions of modification and distribution, not preparation of derivative +works. Derivative work preparation is ultimately a small subset of the types +of modified versions of the software a developer might create, thus, while an +excessive focus on derivative works indulges us in the more exciting areas of +copyleft, we must keep a sense of perspective regarding their relative +importance. + %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% \chapter{Modified Source and Binary Distribution}