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Re: SFLC: "a penumbra"

From: rjack
Subject: Re: SFLC: "a penumbra"
Date: Wed, 20 Dec 2006 15:35:16 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.0; en-US; rv:1.7.2) Gecko/20040804 Netscape/7.2 (ax)

Alexander Terekhov wrote:

Toward the end, arch legal GNU beagle Eben eloquently states:

"Thus, this Court's precedent repeatedly sets out that software, which is nothing more than a set of instructions -- an algorithm -- to be performed by a computer in order to solve some mathematical problem, is ..."

According to the US Copyright Office, Copyright protection is not available for ideas, program logic, algorithms, systems, methods, concepts, ...

So... copyright protection is not available for software as defined by arch legal GNU beagle Eben.

GPL? Who is GPL?


"Join the boycott of Chinese products"


Word has it that Eben Moglen is fed up with the public's general ignorance concerning copyright law and is about to incorporate the following Supreme Court interpretation of copyright law as the Preamble to his new patent-busting GPL3 copyright license:

“In addition to spurring the creation and publication of new expression, copyright law contains built-in First Amendment accommodations. See id., at 560. First, it distinguishes between ideas and expression and makes only the latter eligible for copyright protection. Specifically, 17 U. S. C. §102(b) provides: “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.” As we said in Harper & Row, this “idea/expression dichotomy strike[s] a definitional balance between the First Amendment and the Copyright Act by permitting free communication of facts while still protecting an author’s expression.” 471 U. S., at 556 (internal quotation marks omitted). DUE TO THIS DISTINCTION, EVERY IDEA, THEORY, AND FACT IN A COPYRIGHTED WORK BECOMES INSTANTLY AVAILABLE FOR PUBLIC EXPLOITATION AT THE MOMENT OF PUBLICATION. See Feist, 499 U. S., at 349–350.

Second, the “fair use” defense allows the public to use NOT ONLY FACTS AND IDEAS contained in a copyrighted work, but also expression itself in certain circumstances. Codified at 17 U. S. C. §107, the defense provides: . . .”, Eldred V. Ashcroft, 537 U.S. 186 (2003).

Looks like like the Microsoft-Novell deal is a cooked goose. . . (:

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