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Re: Problem with GPLv3 FAQ about linking with Visual C++

From: RJack
Subject: Re: Problem with GPLv3 FAQ about linking with Visual C++
Date: Mon, 08 Feb 2010 14:44:23 -0500
User-agent: Thunderbird (Windows/20090812)

Hyman Rosen wrote:
On 2/8/2010 1:40 PM, RJack wrote:
Just ask Bruce Perens and about twenty other BusyBox developers

Registration of copyright is for the author's contribution to a work,
or for the result of compiling the contributions of others into a
single work. It does not necessarily claim ownership of the entire
work. Please see Gaiman v. McFarlane, 360 F.3d 644 (7th Cir. 2004).
Therefore, it is not relevant that there are other authors of
BusyBox, or that they do not wish to enforce the GPL against

The code for busybox-0.60.3 was released in Nov. 2001.

So now you are claiming that eight years later in (Dec. 2009) that 14
companies are distributing a *specific* arrangement (compilation) of
source code that Erik Andersen himself personally "arranged" as an
original work in 2001?

"The creator of a compilation is entitled to copyright it as long as
it’s 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

Hmmmm... where is that specific, exclusive arrangement of busybox-0.60.3
code? If Andersen claims a "specific* arrangement of 2001 BusyBox code
to evade fraudulent registration then he has exactly zero chance of
proving infringment of current 2009 BusyBox releases.

Hyman sometimes I think you live so deep in the Land of GNU that reality
is slipping from your grasp.

"The Captain's scared them out of the water!"



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