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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 16:00:17 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20100802 Thunderbird/3.1.2

On 8/20/2010 9:52 AM, RJack wrote:
It seems you have just nullified the AFC test's merger doctrine.

You do not understand, or deliberately lie about, the AFC test.

Here is what the court said in Gates Rubber:
    2. Filtration ...
       (a) The Idea-Expression Dichotomy ...
           At the other end of the abstractions spectrum, source and
           object code, which are the literal elements of a program,
           will almost always be found to be protectable expression
           unless the doctrines of merger and scenes a faire come
           into play.

The AFC test is for determining when non-literal copying has taken
place. When literal code has been copied, copyright infringement has
occurred, with the very limited exceptions the court mentions.

Anti-GPL cranks don't understand law and they don't understand
English. While they are more to be pitied than hated, they are
always to be corrected.

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