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Re: Question About GNU General Public License
From: |
Alexander Terekhov |
Subject: |
Re: Question About GNU General Public License |
Date: |
Tue, 13 Jul 2004 15:17:14 +0200 |
Isaac wrote:
[...]
> Cases like Sega and Connectix which I believe have been mentioned already in
> this thread support the argument that linking to a library does not
> necessarily create a derivative work based on the library.
>
> Cases like the Teddy Ruxpin case involving third party tapes for a
> talking moving bear and Duke Nukem involving third party game levels
> for a video game support the opposite contention. In those case the
> court found that the third party infringed despite the fact that
> none of the original work appeared in the derivative works.
Do you have access to
"Christian H. Nadan, Note, A Proposal to Recognize Component
Works: How a Teddy Bears on the Competing Ends of Copyright
Law, 78 Cal.L.Rev."
?
It's cited in
http://courses.cs.vt.edu/~cs4984/computerlaw/lewis.doc
("LEWIS GALOOB TOYS, INC. v. NINTENDO OF AMERICA, INC.")
<quote>
Some time ago, for example, computer companies began marketing
spell-checkers that operate within existing word processors by
signalling the writer when a word is misspelled. These
applications, as well as countless others, could not be produced
and marketed if courts were to conclude that the word processor
and spell-checker combination is a derivative work based on the
word processor alone. The Game Genie is useless by itself, it
can only enhance, and cannot duplicate or recaste, a Nintendo
game[... "output" ...] nor does it supplant demand for Nintendo
game cartridges. Such innovations rarely will constitute
infringing derivative works under the Copyright Act. See
generally Nadan, supra, at 1667-72.
</quote>
It's probably the same "Christian H. Nadan" who wrote the
devastating "legal review" of the idiotic FSF's interpetation
of the GPL.
http://groups.google.com/groups?selm=40EE8CDC.977AE902%40web.de
regards,
alexander.
- Re: Question About GNU General Public License, (continued)
- Re: Question About GNU General Public License, Alexander Terekhov, 2004/07/22
- Message not available
- Re: Question About GNU General Public License, telford, 2004/07/21
- Re: Question About GNU General Public License, Rui Miguel Seabra, 2004/07/22
- Re: Question About GNU General Public License, Rui Miguel Seabra, 2004/07/22
- Message not available
- Re: Question About GNU General Public License, Alexander Terekhov, 2004/07/22
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- Re: Question About GNU General Public License, telford, 2004/07/26
- Re: Question About GNU General Public License, Rui Miguel Seabra, 2004/07/31
- Message not available
- Re: Question About GNU General Public License, Graham Murray, 2004/07/20
- Re: Question About GNU General Public License, Rui Miguel Seabra, 2004/07/20
- Re: Question About GNU General Public License, Isaac, 2004/07/13
- Re: Question About GNU General Public License,
Alexander Terekhov <=
- Re: Question About GNU General Public License, Isaac, 2004/07/14
- Re: Question About GNU General Public License, Alexander Terekhov, 2004/07/15
- Re: Question About GNU General Public License, Alexander Terekhov, 2004/07/21
- Re: Question About GNU General Public License, Stefan Monnier, 2004/07/13
- Re: Question About GNU General Public License, Alexander Terekhov, 2004/07/14
- Re: Question About GNU General Public License, Arnoud Engelfriet, 2004/07/14
- Message not available
- Re: Question About GNU General Public License, Alexander Terekhov, 2004/07/14
- Re: Question About GNU General Public License, Stefan Monnier, 2004/07/15
- Re: Question About GNU General Public License, Alexander Terekhov, 2004/07/15
- Re: Question About GNU General Public License, Rui Miguel Seabra, 2004/07/16