Comment by SpicyLemonZest
1 month ago
I would point towards Oracle v. Rimini, where the Ninth Circuit has specifically ruled (inside a complex and yet-unresolved case) that a system built to interoperate with a copyrighted program does not constitute a derivative work of that program. (https://cdn.ca9.uscourts.gov/datastore/opinions/2024/12/16/2...)
They reference a less on point but better known case (https://en.wikipedia.org/wiki/Lewis_Galoob_Toys,_Inc._v._Nin...., for some reason you have to manually add the period at the end of the link) about whether NES cheat cartridges were copyright infringement. If a work that directly links to and interoperates with a program is a derivative work of that program, the Game Genie really was illegal after all. To me that doesn't seem right, and given the FSF's general opinion on console restrictions (https://www.fsf.org/bulletin/2025/winter/new-nintendo-drm-ba...) I kinda feel like they'd have to agree.
> (https://en.wikipedia.org/wiki/Lewis_Galoob_Toys,_Inc._v._Nin...., for some reason you have to manually add the period at the end of the link)
On some sites it's possible to work around this type of linkification bug by percent-encoding the last character (percent symbol followed by 2 hex digits representing the ASCII character):
https://en.wikipedia.org/wiki/Lewis_Galoob_Toys,_Inc._v._Nin...
i don't see how either of those cases applies to the FSF and GNU's attitude on library linking; in neither case were they creating a combined derivative work.
if I make an ai driven viewscreen that you can stick your paperback book into and it gives you a better reading experience of the book, your paperback book is still in there and you can take it out. My viewscreen may not work without the book, but it hasn't merged/modified the book with anything.
I guess I would say that you've illustrated the problem precisely. Dynamically linking to a GPL library in your program clearly does not combine your program with the library: the library's still there, you can see the .so/.ddl file sitting separately on your computer, it hasn't been merged with your program and your program didn't modify it. Yet the FSF still claims it's a combined derivative work.
Am I misunderstanding something about the analogy?
Galoob is terrible for the FSF because it provides for a program that only exists to enhance another.
That doesn't fit into the dynamic linking absolutists worldview at all.
Ehh, I'm not sure it's fair to call the FSF dynamic linking absolutists. They only care about any of this because they've boxed themselves into a corner. They want to prevent people from writing proprietary wrappers around copyleft programs, but they don't want a license so restrictive that proprietary and copyleft programs are forbidden from interacting, and Freedom 0 means they can't explicitly prohibit a copyleft program from being used for suchandsuch purpose.