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Re: Use of GPL'd code with proprietary programs


From: Rui Miguel Seabra
Subject: Re: Use of GPL'd code with proprietary programs
Date: Tue, 06 Jul 2004 23:44:35 +0100

On Wed, 2004-07-07 at 00:19 +0200, Alexander Terekhov wrote:
> Rui Miguel Seabra wrote:
> [...]
> > No it is not. The Berne Convention _actually_ says that it covers also
> > the compiled binary version and execution.
> 
> "Binary version" is just a copy in another form. It's also not a 
> derivative. What do you mean by "execution"? Which article is that?

About TRIPS:
http://en.wikipedia.org/wiki/Agreement_on_Trade-
Related_Aspects_of_Intellectual_Property_Rights

http://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm


TRIPS Article 10.1 says programs for computers "whether in source or
object code, shall be protected as literary works under the Berne
Convention", so let's look at the Berne Convention:

http://www.wipo.int/clea/docs/en/wo/wo001en.htm

Later on reaffirmed and updated:

http://www.wipo.int/clea/docs/en/wo/wo033en.htm


                         WIPO Copyright Treaty
                                  and
        Agreed statements Concerning the WIPO Copyright Treaty 

                         WIPO Copyright Treaty*
                (adopted in Geneva on December 20, 1996)


Where we find the _directly_relevant_ part:

                               Article 4
                           Computer Programs

Computer programs are protected as literary works within the meaning of
Article 2 of the Berne Convention. Such protection applies to computer
programs, whatever may be the mode or form of their expression[3]


[3] Agreed statements concerning Article 4: The scope of protection for
computer programs under Article 4 of this Treaty, read with Article 2,
is consistent with Article 2 of the Berne Convention and on a par with
the relevant provisions of the TRIPS Agreement.

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