Re: IBM doesn't like the GPL

[Hyman Rosen]

Rjack wrote:
> 17 USC 103(b) means that a derivative work may be distributed as
> a "whole" only by contractual agreement of both copyright holders
> in "privity". That means that the right to distribute the derivative
> work is a personal "in personam" right created by contract.

What nonsense. What you may do with a copyrighted work depends on the
license granted by the copyright holder, if such a license exists. No
personal contract is required.

Even if you were correct (which you are not), 17 USC 103 is irrelevant
to your claim, saying only that the creator of a compiled or derivative
work does not gain copyright in the source material and that the presence
of the work in a compilation or derived work does not affect the term of
the copyright of the source material. This has nothing at all to do with
distribution under the GPL.