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

From: Rjack
Subject: Re: [ROFL] GCC's GPLv3 "Updated License Exception"
Date: Fri, 06 Feb 2009 10:22:04 -0500
User-agent: Thunderbird (Windows/20081209)

Hyman Rosen wrote:
Alan Mackenzie wrote:
An example of a "mere aggregation" is two books bound together in a single spine. However, if two authors were to cooperate to produce a single book, this would not be a "mere aggretation" - it would be a tightly integrated whole - just like a single binary resulting from a compilation process.

No. What's missing from the compilation case is the work of authorship. Copyrighted works are created by human authors doing creative work. Period. Any other way of creating a work that contains pieces of copyrighted material results in just that - a pile of stuff with copyrighted material in it. The work as a whole cannot be separately copyrighted. The right to make copies of it is the intersection of the right to make copies of the pieces.

Hmmm. . .

Title 17 USC. . .

§ 100. Definitions.

A “collective work” is a work, such as a periodical issue,
anthology, or encyclopedia, in which a number of contributions,
constituting separate and independent works in themselves, are
assembled into a collective whole.

A “compilation” is a work formed by the collection and assembling of
preexisting materials or of data that are selected, coordinated, or
arranged in such a way that the resulting work as a whole
constitutes an original work of authorship. The term “compilation”
includes collective works.

§ 103. Subject matter of copyright: Compilations and derivative works

(a) The subject matter of copyright as specified by section 102
includes compilations and derivative works, but protection for a
work employing preexisting material in which copyright subsists does
not extend to any part of the work in which such material has been
used unlawfully.

(b) The copyright in a compilation or derivative work extends only
to the material contributed by the author of such work, as
distinguished from the preexisting material employed in the work,
and does not imply any exclusive right in the preexisting material.
The copyright in such work is independent of, and does not affect or
enlarge the scope, duration, ownership, or subsistence of, any
copyright protection in the preexisting material.

The an original creative arrangement of materials in a compilation
makes it eligible for copyright.

Rjack :)

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