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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: amicus_curious
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Sun, 22 Feb 2009 19:43:46 -0500

"Thufir Hawat" <> wrote in message news:Ynjol.24739$uG1.20316@newsfe16.iad...
On Sat, 21 Feb 2009 21:13:42 -0500, amicus_curious wrote:

The companies misappropriating GPL software are thus causing a lot of
time and effort to be expended.  If they respected the copyrights of
software authors, all of this discussion would be unnecesary.

Or if the authors weren't such egomaniacs, they could just ignore the
situation and be happy that someone else thought enough of their
creation to use it themselves.

You're advocating plagiarizing?  Never mind the GPL for the moment.

I don't think so. Do you know the meaning of the term? If I were to pooch something and go around claiming that it was my own work, then that would be plagiarism, but if I just use it and don't bother with advertising where it came from, that is not plagiarism.

I think that it is very difficult to determine just where artistic work begins and simple ideas leave off in software programs. Certainly a construction such as

foreach( Object obj in Objects)
   // do something with obj

is a common way to loop through a collection of things. It conveys the idea that we want to consider each element of a collection. If that expression happens to appear in a GPL protected source module, so what? It can still be copied without any regard to the GPL.

The vast majority of code is that plain and really only serves to express the idea behind the operation in the restricted choice of a particular program language syntax. Remember, that the idea behind the work cannot be copyrighted although it might be the subject of a patent and certainly could be the subject of a trade secret.

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