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From: | Rjack |
Subject: | Re: SFLC's GPL court enforcement -- track record |
Date: | Thu, 11 Sep 2008 09:25:57 -0500 |
User-agent: | Thunderbird 2.0.0.16 (Windows/20080708) |
Hyman Rosen wrote:
David Kastrup wrote:Depends on what "a program" is and how much it is structured to> depend on that library......it will be rather hard to declare the whole as independent.I don't think you understand. It has nothing to do with a work being independent. For one thing, copyright law doesn't care if a program works or not. If I create a program attached to a fingerprint scanner which works only with your thumbprint, that does not make the program a derivative work of you.
If you wish to speak of a derivative work of a computer program outside the context of the "Abstraction Filtration Comparison" test it won't make any legal sense. See Gates Rubber v. Bando Chemical, 9 F.3d 823, 28 USPQ2d 1503 (10th Cir. 1993).
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