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Re: Recommendation for a CL data structures library


From: Alexander Terekhov
Subject: Re: Recommendation for a CL data structures library
Date: Tue, 04 May 2010 16:11:50 -0000

Hyman Rosen wrote:
> 
> On 3/29/2010 3:53 PM, Alexander Terekhov wrote:
> > To quote the FSF itself, the GPL itself rejects ANY (to repeat: ANY,
> > ANY, ANY) automatic aggregation of software copyrights under the GPL
> 
> That's correct, there is no automatic aggregation of software
> copyright under the GPL. Any acceptance of the GPL for a work,
> collective or derivative, is strictly voluntary on the part of
> the secondary author.

Go to doctor, silly Hyman.

http://www.btlj.org/data/articles/21_04_04.pdf

"A licensor who contractually prohibited the combination of its 
software with other programs in situations where adaptation rights 
are not affected would exceed the scope of its copyright by seeking 
to control external activities and subject matter—namely, the use of 
independent programs. Depending on the context, such a clause could, 
in effect, constitute a prohibition on using competing products. In 
any event, such a clause would limit a licensee’s right to create 
compilations and non-creative combinations—rights that the Copyright 
Act declares to be free, in contrast to the right to prepare 
derivative works.196 Thus, such a copyright owner would seem to run a 
significant risk that a court would classify such a clause as 
copyright misuse with the dramatic result that the copyright owner 
would be denied copyright protection even against outright piracy. A 
licensor who merely prohibits licensees from creating derivative 
works, as the term is defined by statute and through combinations or 
otherwise, would generally remain within the scope of its statutory 
rights and not risk a finding of copyright misuse.

The need to prevent an abuse of intellectual property law is
internationally recognized.197"

regards,
alexander.

P.S. "Every computer program in the world, BusyBox included, exceeds the
originality standards required by copyright law."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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