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Re: GPL and other licences


From: Lasse Reichstein Nielsen
Subject: Re: GPL and other licences
Date: Fri, 03 Feb 2006 12:43:31 +0100
User-agent: Opera M2/8.51 (Win32, build 7712)

On Fri, 03 Feb 2006 08:20:32 +0100, Alexander Terekhov <address@hidden> wrote:

Because just like with combined executable, copying source code doesn't
create a derivative work. If anything, it creates a compilation.

Your examples of juxtaposing works on the same medium is indeed just a compilation. However, not all ways of comining parts of different works will be a compilation. If I take parts of copyrighted pictures, cut them into pieces and put the pieces together in a collage, then I have created a derivative work. It is a work because it expresses my creative effort. It is a derivative work because it uses the other
works to do so.

You can combine software to create both a plain compilation and a derived work.
I shall not try to draw the line, but I'd put my money on there being more
derived works than you seem to think.

When you print two short stories on the same sheet of paper (or PDF), you're
not creating a derivative work.

Exactly. There is no creative effort on my part in just putting one after the other
(except perhaps if the selection of stories in itself has artistic merit).

And the same goes when you put several
pieces of source code under different licenses in one file. Think
tarball.

Intentions matter. Putting things in a tar file is usaually with the intention of moving them together. Putting them in the same jar file usually means using them together. A jar file can be a single program, combining different works
into one derived work.

Yeah, "new program"? That "new program" is nothing but a compilation
(as in copyright law) of multiple computer program works.

All programs are combinations of 0's and 1's. That does not mean that the
combination is not a (new) work. The act of comining can create new works,
even if the only creative action is that of selecting what to combine and
how.

/L
--
Lasse R. Nielsen - address@hidden
 'Faith without judgement merely degrades the spirit divine'





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