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Re: Bye - Bye , open source derivative works litigation

From: Hyman Rosen
Subject: Re: Bye - Bye , open source derivative works litigation
Date: Thu, 11 Feb 2010 10:37:35 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20091204 Thunderbird/3.0

On 2/10/2010 6:17 PM, Alexander Terekhov wrote:
One *SINGLE* (consisting of a separate unique whole) project is not a
joint work although it produces a (single) (combined) "larger program"???

Correct. A joint work is created only when all of its
authors agree and intend to do so. Otherwise, as each
author makes revisions, he creates a derivative work
(doing so without infringement only with permission of
all the rights holders).

"If the program dynamically links plug-ins, and they make function calls
to each other and share data structures, we believe they form a single
program, which must be treated as an extension of both the main program
and the plug-ins. "

"But if the semantics of the communication are intimate enough,
exchanging complex internal data structures, that too could be a basis
to consider the two parts as combined into a larger program. "

(The static linking "whole" aside for a moment, that is.)

Please elaborate, Hyman.

As we know from both your opinions and the FSF's opinions, just
because someone thinks something is true doesn't make it true.
You both say things that you would like others to believe in
order to get them to behave in certain ways.

In any case, the actions of a single author cannot cause a work
to become a joint work because a joint work can only be created
through the intentions of all of its authors.

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