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

From: Hyman Rosen
Subject: Re: Problem with GPLv3 FAQ about linking with Visual C++
Date: Mon, 08 Feb 2010 15:48:30 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20091204 Thunderbird/3.0

On 2/8/2010 3:26 PM, RJack wrote:
Just a post ago, according to you, Erik Andersen was the
> author of a compilation or collective work.

No. Failure to read, again. I did not say that.

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.

That is not true either, but it's not really relevant.
(There is no reason why only a single author may have
a compilation copyright in a work. There is an original
compiler or set of them, and subsequent authors may
modify the compilation by creatively rearranging the
contributions or adding to them, gaining copyright as
well if their work is sufficiently creative.)

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..."
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.

The defendants are free to deny this claim if they wish.
But it is only necessary that Andersen hold copyright in
some part of the work for him to sue for infringement.

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 defendants are free to deny Andersen's claim of
copyright in the work, at which point both sides would
offer evidence and the court would decide.

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