> but if the resulting work depends on someone else work.
Yes, so obviously your argument cannot be that "in theory, we could replace this with a workalike".
You better have the workalike, and that's what you should be shipping.
A powerful argument that you aren't infringing is that your shipping media are completely devoid of the work.
> don't care if its use or integration
For the sake of the GPL, they must care in this case, because the GPL specifically abstains from dictating use; it governs redistribution!
The only parts of the license relevant to use are the disclaimers; the only reason a pure user of a GPL-ed program might want to read the license at all is to be informed that if the program causes loss of data (or whatever), the authors are not liable.
GPLed programs get used all the time. A proprietary app on a GNU/Linux system can use the C library function system() which might invoke /bin/sh that is GNU Bash, and even depend on that functionality.
> For example, if I buy a painting and cut it into pieces and rearrange them, I actually need an additional license beyond what I got from purchasing the copy.
But what if that cut-up never leaves my house?
Or what if I only distribute instructions which describe the geometry of some cuts which can be made to a painting, and the relocation of the pieces?
> A proprietary app on a GNU/Linux system can use the C library function system() which might invoke /bin/sh that is GNU Bash, and even depend on that functionality.
And that according to FSF is legal because it do not create a derivative work. You said above that "GPL cannot reasonably rule out dynamic linking", but now you are picking and choosing which part of FSF interpretation of derivative is correct and which is wrong. I just wanted to point out that the law could have been easily interpreted in a different way if someone had challenged FSF interpretation 25 years ago.
> But what if that cut-up never leaves my house? Or what if I only distribute instructions
Again, the law is both clear and quite fuzzy at the same time. The author has the exclusive right to transform their work, and as such, you could get charged even if it never leaves your house. In EU its a bit different, since it talks about moral right which protect the integrity of the authors work, through the end result is likely to be the same in many cases.
As for just giving out instructions, the legal nature of those are extremely fuzzy. If I provide instructions that reproduce a copyrighted video (by compressing/encrypting the data that represent it), I will still run foul of copyright infringement. From what I have seen, courts tend to take a "common sense" approach to this problem and if the end result is an infringement, then the indirect steps that will cause an infringement becomes infringement too. Judges collectively seem to rule against people who they perceives as trying to bypass laws by technicalities.
> You said above that "GPL cannot reasonably rule out dynamic linking", but now you are picking and choosing which part of FSF interpretation of derivative is correct and which is wrong.
I don't see how you perceive a position change here. The FSF considers dynamic linking to be derivative; I do not agree.
We both consider the invocation via command line not to be derivative.
> now you are picking and choosing which part of FSF interpretation of derivative is correct and which is wrong.
Have been all along. "Dynamic linking is derivative" is almost complete bullshit in my eyes.
It's pretty much pure use. We map this object into memory and then call it.
Maybe so, because the exclusive right is framed as a right "to prepare derivative works based upon the copyrighted work" (separate from reproduction, distribution, and other copyright rights).
Might it be that this separation between those rights exists so that the copyright holder can contract out manufacturing services, while controlling distribution? The copy house is given the right of preparing copies, without having distribution rights.
I don't think I was infringing back in kindergarten when I cut up newspapers to make strips for papier-mâché. In any case, my courtroom argument there could be bolstered by the remark that the resulting work was painted, entirely concealing the original content.
Yes, so obviously your argument cannot be that "in theory, we could replace this with a workalike".
You better have the workalike, and that's what you should be shipping.
A powerful argument that you aren't infringing is that your shipping media are completely devoid of the work.
> don't care if its use or integration
For the sake of the GPL, they must care in this case, because the GPL specifically abstains from dictating use; it governs redistribution!
The only parts of the license relevant to use are the disclaimers; the only reason a pure user of a GPL-ed program might want to read the license at all is to be informed that if the program causes loss of data (or whatever), the authors are not liable.
GPLed programs get used all the time. A proprietary app on a GNU/Linux system can use the C library function system() which might invoke /bin/sh that is GNU Bash, and even depend on that functionality.
> For example, if I buy a painting and cut it into pieces and rearrange them, I actually need an additional license beyond what I got from purchasing the copy.
But what if that cut-up never leaves my house?
Or what if I only distribute instructions which describe the geometry of some cuts which can be made to a painting, and the relocation of the pieces?