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Re: GNU License, Again

From: John Hasler
Subject: Re: GNU License, Again
Date: Thu, 24 May 2007 17:20:59 -0500
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.99 (gnu/linux)

I wrote:
> Elements of a work that are in the public domain are not protected by
> copyright even if the work does contain other elements that are
> protected.

> There is one case where this could possibly be slightly relevant...

It can be more than slightly relevant if you are sued for copyright
infringment.  Even if the plaintiff can show that a substantial portion of
your work is identical to a portion of his and that you had access you are
off the hook if you can show that said portion is substantially similar to
a portion of a work that is in the public domain.

> But in most cases, there is little point in trying to pick apart things
> and rely on them being completely unchanged.

They need not be completely unchanged.  The changes must be so substantial
as to create a protected element.
John Hasler
Dancing Horse Hill
Elmwood, WI USA

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