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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 15:26:53 -0500
User-agent: Thunderbird (Windows/20090812)

Hyman Rosen wrote:
On 2/8/2010 2:44 PM, RJack wrote:
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?

No. I see that failure to read is included among your many failings.

<> McFarlane’s
registrations no more revealed an intent to claim copyright in
Gaiman’s contributions, as distinct from McFarlane’s own
contributions as compiler and illustrator, than the copyright notices

Erik Anderson registered copyright in BusyBox because he is an author
of some of it, and needed to register in order to pursue an
infringement claim. As you can see from the court case, it is
legitimate to do so.

Just a post ago, according to you, Erik Andersen was the author of a
compilation or collective work. Now a post later, he is the author of
"some of it".  If he's claiming infringement of busybox-0.60.3 which he
claims to author, it has to be a *specific* compilation that was
distributed by Best Buy et. al. If he claims he's the "author of some of
it", then contrary to his Complaint:

"20. Mr. Andersen is the author and developer of the BusyBox computer
program, and the owner of copyrights in that computer program. BusyBox
is a single computer program that comprises a set of computing tools and
optimizes them for computers with limited resources, such as cell
phones, PDAs, and other small, specialized electronic devices."

Andersen is *not* the author and developer of busybox-0.60.3. He is the
author and owner of *some* source code modules (all of which have be
modified numerous times by other authors. See the patch history) in a
program published in Nov. 2001.

I know you would like to have your cake and eat it too Hyman but the
World doesn't work that way. Sorry. If you claim substantial similarity
and infringement of a copyrighted work you'd better be prepared to point
to that particular work of authorship.

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



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