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Re: GPL traitor !


From: Hyman Rosen
Subject: Re: GPL traitor !
Date: Wed, 20 May 2009 16:14:32 -0400
User-agent: Thunderbird 2.0.0.21 (Windows/20090302)

Joerg Schilling wrote:
So you believe that you know better than Lawyers and Judges?

I know better than lawyers who insist otherwise for their own
purposes.

I invite you to demonstrate that a US judge has ruled this way.

Creating a "larger work" is a creational act that cannot be
> done by a "machine" like a compiler or linker.

That is irrelevant.
    <http://www.copyright.gov/title17/circ92.pdf>
    A “collective work” is a work, such as a periodical issue,
    anthology, or encyclopedia, in which a number of contributions,
    constituting separate and independent works in themselves, are
    assembled into a collective whole.
    A “compilation” is a work formed by the collection and assembling
    of preexisting materials or of data that are selected, coordinated,
    or arranged in such a way that the resulting work as a whole
    constitutes an original work of authorship. The term “compilation”
    includes collective works.

It is the author of the collective work who chooses the components
which form the work, as true for a computer program as for an anthology.
The author does so by selecting header files to include and functions to
call. There is nothing mechanical about it.


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