|
From: | Rjack |
Subject: | Re: GPL traitor ! |
Date: | Mon, 11 May 2009 15:40:15 -0400 |
User-agent: | Thunderbird 2.0.0.21 (Windows/20090302) |
Alan Mackenzie wrote:
In gnu.misc.discuss Hyman Rosen <hyrosen@mail.com> wrote:Alan Mackenzie wrote:The notion of "inclusion" doesn't make sense when talking about computer programs. Tell me, is an intricate C Macro "included in" or "referred to by" the extension? What about a data structure it uses?Referenced by. Macros are directions to the compiler on how to translate code to which they are applied.Then exising C functions are also referenced by the new code. The syntax for the two is almost, but not quite, the same. (Believe me, I know a lot about the syntax of C.)Similarly, data structures are ideas and inventions, not text.Data structures are text. Of course they are. They're typically written in ASCII text. If they're not written, they're not data structures - they're just ideas, of some degree of vagueness, of what might one day become a data structure. No, you can't copyright the vague notion. Yes, you can copyright the embodied, written data structure.
Hmmmmmmmmmmmmmmmmmm... "In Baystate Technologies, Inc. v. Bentley Systems, Inc., 946 F. Supp. 1079 (D. Mass. 1996), decided December 6, 1996, the district court of Massachusetts held that the data structure names and the organization of data structures of a mechanical computer aided design program are not copyrightable. The program elements at stake in Baystate are in important respects indistinguishable from the larger class comprised of names that must be used and parameters, formats and structures that must be employed in order to invoke the functionality of particular proprietary microprocessors, operating systems, computer languages and application programs. The Baystate decision therefore supports the broader conclusion that “using” or “copying” such labels and structures in order to create compatible works is lawful under the Copyright Act." http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Baystate_Holding.pdf Sincerely, Rjack :)
[Prev in Thread] | Current Thread | [Next in Thread] |