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Re: Use of GPL'd code with proprietary programs

From: Rui Miguel Seabra
Subject: Re: Use of GPL'd code with proprietary programs
Date: Tue, 06 Jul 2004 23:44:35 +0100

On Wed, 2004-07-07 at 00:19 +0200, Alexander Terekhov wrote:
> Rui Miguel Seabra wrote:
> [...]
> > No it is not. The Berne Convention _actually_ says that it covers also
> > the compiled binary version and execution.
> "Binary version" is just a copy in another form. It's also not a 
> derivative. What do you mean by "execution"? Which article is that?

About TRIPS:

TRIPS Article 10.1 says programs for computers "whether in source or
object code, shall be protected as literary works under the Berne
Convention", so let's look at the Berne Convention:

Later on reaffirmed and updated:

                         WIPO Copyright Treaty
        Agreed statements Concerning the WIPO Copyright Treaty 

                         WIPO Copyright Treaty*
                (adopted in Geneva on December 20, 1996)

Where we find the _directly_relevant_ part:

                               Article 4
                           Computer Programs

Computer programs are protected as literary works within the meaning of
Article 2 of the Berne Convention. Such protection applies to computer
programs, whatever may be the mode or form of their expression[3]

[3] Agreed statements concerning Article 4: The scope of protection for
computer programs under Article 4 of this Treaty, read with Article 2,
is consistent with Article 2 of the Berne Convention and on a par with
the relevant provisions of the TRIPS Agreement.

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