   Scripsit "David Schwartz" <davids@webmaster.com>  >> However,
then you cannot legally copy it at all, because it contains >>
part of the original author's copyrighted work and therefore can
only >> legally be copied with the permission of the author.  >
The way you stop someone from distributing part of your work >
is by arguing that the work they are distributing is a
derivative  You don't need to argue that the thing being
distributed is a derivative work. It is enough that it
_contains_ your copyrighted  >       My point is that the reason
the derivative work issue is so > important is because it's the
only way (in U.S. law anyway) that the > GPL can apply to
anything other than the exact thing the author > chose to apply
it to.  The taske of the GPL is to _give permission_ when
certain conditions hold. Therefore, if the GPL does not apply
yet you still need permission from the author (beacuse what
you're distributing contains his work), then you do not have
that permission and cannot distribute _at all_.