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Re: [ROFL] GCC's GPLv3 "Updated License Exception"

From: Rjack
Subject: Re: [ROFL] GCC's GPLv3 "Updated License Exception"
Date: Thu, 05 Feb 2009 11:15:11 -0500
User-agent: Thunderbird (Windows/20081209)

Hyman Rosen wrote:
Rjack wrote:
They are *not* considered to be the same work for copyright purposes. One form is considered to be a "translation" of the
other. That makes one a *derivative* work of the other under US

You are wrong.

 321.03 Relationship between source code and object code. The
Copyright Office considers source code and object code as two
representations of the same computer program. For registration
purposes, the claim is in the computer program rather than in any
particular representation of the program. ...
Copyright Office opinions are only advisory and are not binding on
the courts.

323 Derivative computer programs. A derivative computer program
is one that is based on or incorporates material from a
previously published or registered or public domain program that
has been revised, augmented, abridged, or otherwise modified so
that the modifications, as a whole, represent an original work of

If you think the Copyright Office may re-define the definitions
provided by Congress in the Copyright Act:

17 USC section 101 Definitions.

A “derivative work” is a work based upon one or more preexisting
works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art
reproduction, abridgment, condensation, or any other form in which a
work may be recast, transformed, or adapted. A work consisting of
editorial revisions, annotations, elaborations, or other
modifications, which, as a whole, represent an original work of
authorship, is a “derivative work”.

then you are either extremely naive or smoking something causing you
to hallucinate.

Article 1, Section 8, Clause 8 doesn't mention the Copyright Office:

"The Congress shall have the power. . .
To promote the progress of science and useful arts, by securing for
limited times to authors and inventors the exclusive right to their
respective writings and discoveries."

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