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Re: softwarecombinations paper again Re: LGPL vs. GPL
From: |
Alexander Terekhov |
Subject: |
Re: softwarecombinations paper again Re: LGPL vs. GPL |
Date: |
Mon, 11 Aug 2008 15:48:30 +0200 |
David Kastrup wrote:
[...]
> The courts have ruled differently for works of fiction designed to
> interoperate with other fiction (namely, using the same
> setting/worldview and characters).
Dak, dak, dak.
http://www.law.washington.edu/LCT/Events/FOSS/AlphaBrief.pdf
-------
Omega will argue that our case is more analogous to Micro Star v.
Formgen, 154 F.3d 1107 (9th Cir. 1998), as opposed to Galoob. In
Formgen, defendants MAP files created new levels for plaintiffs
video game and were found to be derivative works of the original game.
Id. at 1112. However, analogizing Connector to the MAP files in Formgen
is inappropriate. First, it is important to note that the infringed
preexisting work in Formgen was the story of plaintiffs original game.
Id. The court found that defendants MAP files described new stories
that were based upon plaintiffs original story, and so the MAP files
were deemed to be sequels that incorporated plaintiffs preexisting
protected story. Id. at 1111-1112. As such, although the MAP files
contained no computer code from plaintiffs preexisting work, the MAP
files incorporated copyrightable elements of plaintiffs story and were
therefore considered derivative works. Id. at 1112. In contrast to the
video games at issue in Formgen, neither Database Manager 2.0 nor
Connector contain a copyrightable story. Connector consists of literal
computer code that invokes the functionality provided by Database
Manager 2.0, and in no way describes Database Manager 2.0. Analogizing
Database Manager 2.0 to a story, and Connector to a sequel, is
inappropriate. Connector incorporates no copyrightable elements from
Database Manager 2.0, whether literal or non-literal. As such, Connector
should not be considered a derivative work under the Copyright Act.
-------
Don't miss
http://www.law.washington.edu/LCT/Events/FOSS/MootFacts.pdf
http://www.law.washington.edu/LCT/Events/FOSS/OmegaBrief.pdf
http://www.law.washington.edu/LCT/Events/FOSS/media/04.%20Beyond%20the%20Basics%20-%20Patent%20Law.mp3
as well.
More on Micro Star and Duke Nukem:
http://caselaw.lp.findlaw.com/data2/circs/9th/9656426.html
-------
Micro Star further argues that the MAP files are not derivative works
because they do not, in fact, incorporate any of D/N-3Ds protected
expression. In particular, Micro Star makes much of the fact that the
N/I MAP files reference the source art library, but do not actually
contain any art files themselves. Therefore, it claims, nothing of
D/N-3Ds is reproduced in the MAP files. In making this argument, Micro
Star misconstrues the protected work. The work that Micro Star infringes
is the D/N-3D story itselfa beefy commando type named Duke who wanders
around post-Apocalypse Los Angeles, shooting Pig Cops with a gun,
lobbing hand grenades, searching for medkits and steroids, using a
jetpack to leap over obstacles, blowing up gas tanks, avoiding
radioactive slime. A copyright owner holds the right to create sequels,
see Trust Co. Bank v. MGM/UA Entertainment Co., 772 F.2d 740 (11th Cir.
1985), and the stories told in the N/I MAP files are surely sequels,
telling new (though somewhat repetitive) tales of Dukes fabulous
adventures. A book about Duke Nukem would infringe for the same reason,
even if it contained no pictures.
-------
regards,
alexander.
--
"Copyright license -> Copyright law
Contract -> Contract law
DUH!"
-- mini-RMS <rms@1407.org>
- Re: softwarecombinations paper again Re: LGPL vs. GPL, (continued)
- Re: softwarecombinations paper again Re: LGPL vs. GPL, Hyman Rosen, 2008/08/02
- Re: softwarecombinations paper again Re: LGPL vs. GPL, Tim Smith, 2008/08/03
- Re: softwarecombinations paper again Re: LGPL vs. GPL, rjack, 2008/08/03
- Re: softwarecombinations paper again Re: LGPL vs. GPL, Hyman Rosen, 2008/08/04
- Re: softwarecombinations paper again Re: LGPL vs. GPL, Alfred M. Szmidt, 2008/08/08
- Message not available
- Re: softwarecombinations paper again Re: LGPL vs. GPL, Hyman Rosen, 2008/08/08
- Re: softwarecombinations paper again Re: LGPL vs. GPL, Alfred M. Szmidt, 2008/08/09
- Message not available
- Re: softwarecombinations paper again Re: LGPL vs. GPL, Tim Smith, 2008/08/09
- Message not available
- Re: softwarecombinations paper again Re: LGPL vs. GPL, Hyman Rosen, 2008/08/11
- Re: softwarecombinations paper again Re: LGPL vs. GPL, David Kastrup, 2008/08/11
- Re: softwarecombinations paper again Re: LGPL vs. GPL,
Alexander Terekhov <=
- Re: softwarecombinations paper again Re: LGPL vs. GPL, Tim Smith, 2008/08/13
- Re: softwarecombinations paper again Re: LGPL vs. GPL, rjack, 2008/08/11