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

[Rjack]

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
> > law:
>
> You are wrong.
>
> <http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_0300.asp>
>  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
>  authorship.

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."