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Re: GPL and other licences


From: Alexander Terekhov
Subject: Re: GPL and other licences
Date: Thu, 02 Feb 2006 19:31:42 +0100

Lee Hollaar wrote:
[...]
>      Any EXACT copies prepared in accordance with the provisions of
>      this section may be leased, sold, or otherwise transferred,
>      along with the copy from which such copies were prepared, ONLY
>      as part of the lease, sale, or other transfer of all rights in
>      the program.

And contu6 elaborates: The sale of a copy of a program by a rightful 
possessor to another must be of all rights in the program, thus 
creating a new rightful possessor and destroying that status as regards 
the seller. This is in accord with the intent of that portion of the 
law which provides that owners of authorized copies of a copyrighted 
work may sell those copies without leave of the copyright proprietor.50
50 17 U.S.C. ยง 109(a).


> 
>      ADAPTATIONS so prepared may be transferred ONLY with the
>      authorization of the copyright owner.

And contu6 elaborates: translations, transformations, and adaptations
... conversion of a program from one higher-level language to another 
to facilitate use would fall within this right.

But object code is not a result of conversion of a program from one 
higher-level language to another [higher-level language]. It's just
another representation of the same program. Source code and object 
code are "two representations of the same computer program. For 
registration purposes, the claim is in the computer program rather 
than in any particular representation of the program." I suppose 
that for 117 purposes it is the same as for registration purposes. 

No?

regards,
alexander.


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