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Re: gpl as applied to ideas


From: rjack
Subject: Re: gpl as applied to ideas
Date: Wed, 06 Dec 2006 19:49:34 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.0; en-US; rv:1.7.2) Gecko/20040804 Netscape/7.2 (ax)

John Hasler wrote:
Joseph S. writes:

However, I have one problem with GPL: it talks of source code, linking,
calling, mixing/combining free/non-free code and finally free/non-free
documents. But nobody seems to be talking of concepts, ideas and layouts.


For good reason.  The GPL is a copyright license.  It applies only to
expression.  Copyright has nothing to do with concepts, ideas and layouts.


If I copy UI ideas and program features from a well-made GPL program into
my program, without even looking once at the source code, let alone
copying it, and acknowledge the idea contribution explicitly in my
License agreement, am I said to be abiding by the GPL as far as "ideas"
or "concepts" go?


It doesn't matter what the copyright license on the program is because
copyright does not apply to ideas and concepts.


You see, in both cases, the idea is what I have copied (used from the GPL
package). But, I am specifically, explicitly stating that I took this
idea from so-and-so GPL program, thereby immediately *transferring* the
idea to anyone who reads the license. Thus, the idea remains "free
software".


Anything wrong with that?


Nothing at all.  Ideas are Free.


> It doesn't matter what the copyright license on the program is because
> copyright does not apply to ideas and concepts.

Very perceptive! That's why the GPL is powerless to effect software patents in source code.

Sec. 102(b) In no case does copyright protection for an original work of
authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.



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