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Re: The GPL and Patents: ROFL

From: Hyman Rosen
Subject: Re: The GPL and Patents: ROFL
Date: Wed, 08 Dec 2010 16:00:07 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20100802 Thunderbird/3.1.2

On 8/19/2010 3:07 PM, RJack wrote:
"17 USC ยง 102. Subject matter of copyright: In general.

(b) In no case does copyright protection for an original work of
authorship extend to any idea, procedure, process, system, method of
operation, concept, principle, or discovery, regardless of the form in
which it is described, explained, illustrated, or embodied in such work."

"In no case does copyright protection... extend to... *regardless of the
form* in which it is described... or embodied in such work."

Notice how this anti-GPL crank elides the idea, procedure, etc. phrase
with an ellipsis. Of course, without that elision, the copyright law says
that protection extends to the work but not the idea, exactly the way it
has always been construed. That's what the court says in Atari v. Nintendo
<> and it's what the
court says in Apple v. Franklin

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