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Re: GPL traitor !


From: Rjack
Subject: Re: GPL traitor !
Date: Mon, 11 May 2009 15:40:15 -0400
User-agent: Thunderbird 2.0.0.21 (Windows/20090302)

Alan Mackenzie wrote:
In gnu.misc.discuss Hyman Rosen <address@hidden> wrote:
Alan Mackenzie wrote:
The notion of "inclusion" doesn't make sense when talking about
computer programs.  Tell me, is an intricate C Macro "included
in" or "referred to by" the extension?  What about a data
structure it uses?

Referenced by. Macros are directions to the compiler on how to
translate code to which they are applied.

Then exising C functions are also referenced by the new code.  The
syntax for the two is almost, but not quite, the same.  (Believe
me, I know a lot about the syntax of C.)

Similarly, data structures are ideas and inventions, not text.

Data structures are text.  Of course they are.  They're typically
written in ASCII text.  If they're not written, they're not data
structures - they're just ideas, of some degree of vagueness, of
what might one day become a data structure.  No, you can't
copyright the vague notion.  Yes, you can copyright the embodied,
written data structure.

Hmmmmmmmmmmmmmmmmmm...

"In Baystate Technologies, Inc. v. Bentley Systems, Inc., 946 F. Supp.
1079 (D. Mass. 1996), decided December 6, 1996, the district court of
Massachusetts held that the data structure names and the
organization of data structures of a mechanical computer aided design
program are not copyrightable. The program elements at stake in
Baystate are in important respects indistinguishable from the larger
class comprised of names that must be used and parameters, formats
and structures that must be employed in order to invoke the
functionality of particular proprietary microprocessors, operating
systems, computer languages and application programs. The Baystate
decision therefore supports the broader conclusion that “using” or
“copying” such labels and structures in order to create compatible
works is lawful under the Copyright Act."

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Baystate_Holding.pdf

Sincerely,
Rjack :)







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