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Re: GNU licenses

From: alexander . terekhov
Subject: Re: GNU licenses
Date: 4 Sep 2006 18:28:45 -0700
User-agent: G2/0.2

Stefaan A Eeckels schrieb:

> On 4 Sep 2006 17:19:44 -0700
> wrote:
> > Your compilation copyright is totally independent from copyrights on
> > constituent works.
> But you cannot create the compilation without the approval of the
> copyright holders of each of the constituent works.

Approval for what? There's no exclusive right to prepare/make
compilations. See contu. Employing copyrighted constituents in
a compilation without permission doesn't have an effect on compilation
copyright. Employing copyrighted material in derivative works (17 USC
117 adaptations aside for a moment) "invalidates" infringers copyright
in derivative work.

> The compilation
> then is protected by copyright - but only to the extent that someone
> else can not put together the same compilation - i.e. it's the creative
> act of preparing the compilation that is protected.

That's what a compilation copyright is.

> In essence, if you place a copy of your wholly original work and say,
> an unmodified copy of GCC together on a CD with some of your drivel,
> this is a compilation. To comply with the GPL, you'll have to include
> the source to GCC.

I doubt such a minuscule selection of just two entities would result in
any compilation copyright. It's simply uncopyrightable aggregation.

> Now imagine that you lifted the source code to the GCC 'C' parser from
> GCC, and used that in your "MY-C" compiler, then "MY-C" is no longer a
> compilation.

It has the same legal status regarding copyright as a separate front-
end "program" (as in POSIX process producing some intermediate
stage file) plus another separate compiler back-end "program"
(consuming that intermediate stage file and producing object code
or whatnot).

There's no difference whatsoever in your "In essence" and "Now imagine"
cases regarding derivative works (lack thereof).


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