Re: Do I have to release the patch for a GPL software under GPL?

[Alexander Terekhov]

"Alfred M. Szmidt" wrote:
[...]
> Also, the following paragraph might apply:
> 
> | These requirements apply to the modified work as a whole.  If
> | identifiable sections of that work are not derived from the
> | Program, and can be reasonably considered independent and separate
> | works in themselves, then this License, and its terms, do not
> | apply to those sections when you distribute them as separate
> | works.  But when you distribute the same sections as part of a
> | whole which is a work based on the Program, the distribution of
> | the whole must be on the terms of this License, whose permissions
> | for other licensees extend to the entire whole, and thus to each
> | and every part regardless of who wrote it.

A compilation is not "a modified work" (derivative work). Compilations
and derivative works are different concepts under copyright law. And
"that is to say" wording in the GPL Section 0 erroneously misstating 
the copyright law has no bearing on the licensees. (The GPL has other 
misstatements of copyright law as well and this is just the evidence 
that it was written by legally illiterate RMS, not a lawyer.)

There's no dispute that a derivative work as a whole does fall under 
the GPL irrespective of who wrote those "sections" (whatever that not 
defined term "section" means in the GNU Republic). But then it comes 
to aggregating that derivative work ("a work based on the Program") 
with "another work not based on the Program", the GPL says that 
aggregation "does not bring the other work under the scope of this 
License."

"In addition, mere aggregation of another work not based on the Program 
with the Program (or with a work based on the Program) on a volume of a 
storage or distribution medium does not bring the other work under the 
scope of this License."

Please bare in your mind that <quote> In fact, the GPL itself rejects 
any automatic aggregation of software copyrights under the GPL simply 
because one program licensed under the GPL is distributed together with 
another program that is not licensed under the GPL: "In addition, mere 
aggregation of another work not based on the Program with the Program 
(or with a work based on the Program) on a volume of a storage or 
distribution medium does not bring the other work under the scope of 
this License. </quote> http://www.terekhov.de/Wallace_v_FSF_37.pdf

regards,
alexander.