Re: The SFLC dismissals should be coming soon

[RJack]

Hyman Rosen wrote:
> On 2/12/2010 3:39 PM, RJack wrote:
> > Which BusyBox authors do not intend for their contributions to 
> > become interdependent parts merged into the BusyBox program?
>
> BusyBox authors create independent or derivative works (depending on 
> whether the code they are writing is new or is a modification of 
> existing code). They create a new version of BusyBox by checking this
>  code into the BusyBox source code control system, this new version 
> being a derivative work of the previous version.

No they don't create a new derivative work and submit the derivative
work to the code control system:

A “derivative work” is a work based upon one or more preexisting works,
such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art
reproduction, abridgment, condensation, or any other form in which a
work may be recast, transformed, or adapted. A work consisting of
editorial revisions, annotations, elaborations, or other modifications,
which, as a whole, represent an original work of authorship, is a
“derivative work”.-- 17 USC 101

The developers submit patches or a new source code module that amounts
at most to a few hundreds of bytes.

The BusyBox (remember -- "a single program") source tarball when
unzipped is 7.75 *million* bytes.

The claim that checking in a *few hundred bytes* of new code through GIT
is contributing a "new derivative work" is pure nonsense. In relative,
realistic terms, de minmus amounts of new source code are being
contributed to a 7.75 million byte program as tiny interdependent parts.

> Since no BusyBox author has declared his intention that the entire 
> work be a joint work, it is not. Instead, it is a collective work 
> formed from the contributions of its many authors.

"A collective work formed from the contributions of its many authors" eh?

Hyman, have your eyes read what you just wrote in your preceding
paragraph, "[T]hey create a new version of BusyBox by checking this code
into the BusyBox source code control system, this new version being a
derivative work of the previous version"?

Ohhhhh..... I understand now! You have invented a new copyright concept
called a "derivative-collective work". It is either a collective work or
a derivative work depending on how you feel at the moment. That's kind
of convenient just like "copyleft" isn't it?

Maybe you've been working too hard Hyman. Sit back, pop a Budweiser and
take a deep breath -- you'll soon return to reality.

"Captain Moglen scared them out of the water!"
http://www.fini.tv/blog/finishing_line_files/a44f9390355368f87dc47b7ec094f93e-36.php

ROFL. ROFL. ROFL.

Sincerely,
RJack :)