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Re: [ROFL] GCC's GPLv3 "Updated License Exception"


From: Hyman Rosen
Subject: Re: [ROFL] GCC's GPLv3 "Updated License Exception"
Date: Thu, 05 Feb 2009 10:21:36 -0500
User-agent: Thunderbird 2.0.0.18 (Windows/20081105)

Rjack wrote:
They are *not* considered to be the same work for copyright
purposes. One form is considered to be a "translation" of the other.
That makes one a *derivative* work of the other under US law:

You are wrong.

<http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_0300.asp>
    321.03 Relationship between source code and object code.
    The Copyright Office considers source code and object code
    as two representations of the same computer program. For
    registration purposes, the claim is in the computer program
    rather than in any particular representation of the program.
    ...
    323 Derivative computer programs.
    A derivative computer program is one that is based on or
    incorporates material from a previously published or
    registered or public domain program that has been revised,
    augmented, abridged, or otherwise modified so that the
    modifications, as a whole, represent an original work of
    authorship.


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