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Re: SFLC's GPL court enforcement -- track record


From: Rjack
Subject: Re: SFLC's GPL court enforcement -- track record
Date: Thu, 11 Sep 2008 09:25:57 -0500
User-agent: Thunderbird 2.0.0.16 (Windows/20080708)

Hyman Rosen wrote:
David Kastrup wrote:
Depends on what "a program" is and how much it is structured to
 > depend on that library...
...it will be rather hard to declare the whole as independent.

I don't think you understand. It has nothing to do with a work
being independent. For one thing, copyright law doesn't care if
a program works or not. If I create a program attached to a
fingerprint scanner which works only with your thumbprint, that
does not make the program a derivative work of you.


If you wish to speak of a derivative work of a computer program outside the context of the "Abstraction Filtration Comparison" test it won't make any legal sense. See Gates Rubber v. Bando Chemical, 9 F.3d 823, 28 USPQ2d 1503 (10th Cir. 1993).


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