Subject: Re: Effect of the MySQL FLOSS License Exception?
From: "Rod Dixon, J.D., LL.M." <>
Date: Fri, 18 Jun 2004 19:48 -0400

Unfortunately, you started off wrong and ended with a questionable 
observation. First, it is not well settled that a binary is a derivative of 
source; that is akin to saying a copy is a derivative of the original.  In 
a metaphysical sense, we can debate the point, but there is no debate in 
the copyright sense.

As for Eben, his point is framed far out of context.

- Rod

Rod Dixon, J.D., LL.M.

This email never should be construed as legal advice.

>The sticky point is this:
>	It's settled that a binary is a derivative work of
>	its source.  It's obvious that a source tarball is a mere
>	collective work, or "aggregation" as the GPL calls it.	What,
>	then, is the status of a binary compiled from the tarball?
>	It evidently is a derivative of the collection; is it a
>	derivative of the source works as well?
>Larry says (in effect) no; Eben says yes.  Infinite are the arguments
>of mages.
>"But I am the real Strider, fortunately,"       John Cowan
>he said, looking down at them with his face
>softened by a sudden smile.  "I am Aragorn son
>of Arathorn, and if by life or death I can
>save you, I will."  --LotR Book I Chapter 10
>license-discuss archive is at

license-discuss archive is at