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Re: The worst that can happen to GPLed code

From: Stefaan A Eeckels
Subject: Re: The worst that can happen to GPLed code
Date: Fri, 18 Jun 2004 18:41:40 +0200

On Fri, 18 Jun 2004 18:22:35 +0200
Alexander Terekhov <> wrote:

> Stefaan A Eeckels wrote:
> [...]
> > If your brother puts up a compiled version,
> :-) This is fun.

Not really, as his doing so would imply a copy,
but he could comply with the GPL and put up the
source as well. This would allow you to argue that
you have a lawfull copy of the object file, and
apply first sale to it. Not that it would help you.

> > it would still be copied into the executable, 
> You seem to think that temporary copying (caching, etc.) made in the 
> course of authorized downloading makes the final fixation (on a 
> palpable medium like diskette, to keep you happy) of downloaded work 
> as part of the executable (or some archive for that matter) unlawful. 
Not at all, I have no problem with the downloading.
It's the compilation. Let's get graphical so you
cotton on:

[--source-]           [--object-]         [----executable------]

Even if brother.c is a lawfull copy, in order to 
get it into the executable, it needs to be transformed
into an object file. This object file is either a copy
or a derivative work, depending on how one considers
the compilation process. Then, in order to make an
executable, you'll need to copy the object into the
executable, which is again a copy.

This has nothing to do with the browser. It's not the
temporary copying that's the problem (though it might,
would it come to a court case), but the fact that to
go from the copy that's covered by first sale to the
thing you want to distribute, you will have to make 
a copy, and it's not intermediary at all, because you
cannot distribute the original file you downloaded.
The executable contains a copy of that file. 

Stop grasping at straws, you're looking more and
more trollish by the minute. And you really don't
know much about computers, do you?

"What is stated clearly conceives easily."  -- Inspired sales droid

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