Question Regarding GPL

Quoting Rod Dixon, J.D., LL.M. (roddixoncyberspaces.org):

> Generally, to determine whether a derivative work is
created (which is a 
> mixed question of fact and law in the U.S.), a court
will analyze two 
> factors: (1) whether the module incorporates some form
of the copyrighted 
> GPL'd work, and (2) whether the module is substantially
similar to the 
> GPL'd work. The abstraction-filtration-comparison test
applies to the 
> latter factor, not the former; consequently, it is not
a dispositive test 
> as someone seemed to imply.

Oh, very well:  The factual question would be resolved by a
court not by
consulting Torvalds's or anyone else's opinions, but (in USA
jurisdictions) by applying the Altai test to the allegedly
infringing
code _or_ finding that the allegedly infringing code
involved actual
substantive copying.  I had thought the latter point
obvious.


-- 
Cheers,                                        "He who
hesitates is frost."
Rick Moen                                                 --
Inuit proverb
ricklinuxmafia.com