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Re: denying rights?
From: |
Alexander Terekhov |
Subject: |
Re: denying rights? |
Date: |
Thu, 11 May 2006 23:08:47 +0200 |
"Alfred M. Szmidt" wrote:
[...]
> Work A + Work B = Work C (combination of two works) ==> derivtate work
> since C is based on A and B. This is no compilation.
Sez who? (Besides you and other brainwashed GNUtians, that is.)
http://digital-law-online.info/lpdi1.0/treatise27.html
(I.D.4. Derivative Works and Compilations)
"When two or more preexisting works are combined to form a new work, in
copyright law that work is called a compilation a work formed by
the collection and assembling of preexisting materials or of data that
are selected, coordinated, or arranged in such a way that the resulting
work as a whole constitutes an original work of authorship. The
copyright in the resulting overall computer program comprises the
copyrights in the preexisting component computer programs and a new
copyright in the compilation. But that compilation copyright is very
limited.
[...]
Some have claimed that an application program that needs a library for
its operation is a derivative work of that library. They take that
position because the application program is based on the library
because it was written to use the subroutines and other aspects of the
library.
Such a position is misplaced. "
http://www.rosenlaw.com/Rosen_Ch06.pdf
(Reciprocity and the GPL)
"I have already explained the fundamental difference in copyright law
between a /collective work/ and a /derivative work/. You will recall
generally that the former is a collection of independent works and the
latter is a work based upon one or more preexisting works. A work
containing another work is a /collective work/. A work based on another
work is a /derivative work/. Merging those concepts in the GPL would
leave no distinction between a derivative and collective work, an
absurd result considering the importance of those two defined terms
in copyright law."
Note that the term compilation includes collective works.
regards,
alexander.
- denying rights?, yawnmoth, 2006/05/10
- Re: denying rights?, David Kastrup, 2006/05/10
- Re: denying rights?, Bernd Jendrissek, 2006/05/11
- Re: denying rights?, Alexander Terekhov, 2006/05/11
- Re: denying rights?, Alfred M. Szmidt, 2006/05/11
- Message not available
- Re: denying rights?, Alexander Terekhov, 2006/05/11
- Re: denying rights?, Alfred M. Szmidt, 2006/05/11
- Message not available
- Re: denying rights?,
Alexander Terekhov <=
- Re: denying rights?, Alfred M. Szmidt, 2006/05/11
- Message not available
- Re: denying rights?, Alexander Terekhov, 2006/05/11