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Re: denying rights?

From: Alfred M. Szmidt
Subject: Re: denying rights?
Date: Thu, 11 May 2006 22:49:22 +0200 (CEST)

   "Alfred M. Szmidt" wrote:
   >    > However, this software can't be combined with any "normal" GPLed
   >    Not true.
   > Combination in this context means to share code between two programs.

   In the copyright context, a computer program is a bunch of 
   instructions written in some computer language to be protected as a 
   literary work. Note that binary representation of that bunch of 
   instructions is just another form, and for the copyright purpose it 
   is equivalent to source code. No more no less. I know that FSF/RMS 
   is fond of sorta reusing words ("freedom", etc.) for something with 
   unconventional meaning that fits some idiotic FSF's agenda, but so 

   > I.e. combination == derivate work, 

   What work? 

Work A + Work B = Work C (combination of two works) ==> derivtate work
since C is based on A and B.  This is no compilation.
   modifying some preexisting compilation, but that's beside the point.

   HOUSE REPORT NO. 94-1476: 

   Between them the terms ''compilations'' and ''derivative works''
   which are defined in section 101 comprehend every copyrightable
   work that employs preexisting material or data of any kind. There
   is necessarily some overlapping between the two, but they basically
   represent different concepts. A ''compilation'' results from a
   process of selecting, bringing together, organizing, and arranging
   previously existing material of all kinds, regardless of whether
   the individual items in the material have been or ever could have
   been subject to copyright.

Work C required the modification of work A and work B.  For it to be
classified as a derivtate work, you need to `recast, transoform, or
adapt one or more preexistsing works'.  I.e. the following which you
yourself quoted:

   A ''derivative work,'' on the other hand, requires a process of
   recasting, transforming, or adapting ''one or more preexisting
   works''; the ''preexisting work'' must come within the general
   subject matter of copyright set forth in section 102, regardless of
   whether it is or was ever copyrighted.

In the future, read what you actually quote.

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