Derivative Works

2004-06-18 Thread nospam+pixelglow . com
All: OK, IANAL. Can someone who is explain FormGen vs. Micro Star? http://cyber.law.harvard.edu/openlaw/DVD/cases/Micro_Star_v_Formgen.html The judge says, 'we have developed certain criteria a work must satisfy in order to qualify as a derivative work. One of these is that a derivative work

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Eugene Wee
Hi people, I refer to: http://www.mysql.com/products/licensing/foss-exception.html Has anyone contacted MySQL AB about the recent OSI license update, i.e. the AFL is now version 2.1 rather than 2.0? On that note, what about asking about the OSL, since they do claim they have reviewed the most

RE: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Rod Dixon, J.D., LL.M.
I agree with every point Larry states. I also think that if an author chooses to adopt a license (the GPL) or is concerned about compatibility with the terms of the GPL, the author may find it prudent to take into account the views of the drafter(s) of the GPL...especially if they conflict

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread John Cowan
Lawrence Rosen scripsit: But what is it about the copyright law that leads you to believe that the degree of triviality to wrap a copyrighted work as a black box makes a difference in the definition of a derivative work? For one thing, if the wrapper is too trivial we won't have sufficient

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Alex Rousskov
On Fri, 18 Jun 2004, John Cowan wrote: The sticky point is this: It's settled that a binary is a derivative work of its source. It's obvious that a source tarball is a mere collective work, or aggregation as the GPL calls it. What, then, is the status of a binary

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Chuck Swiger
On Jun 18, 2004, at 10:58 AM, John Cowan wrote: Lawrence Rosen scripsit: But what is it about the copyright law that leads you to believe that the degree of triviality to wrap a copyrighted work as a black box makes a difference in the definition of a derivative work? For one thing, if the wrapper

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread jcowan
Chuck Swiger scripsit: Agreed. For example, Apple has taken the GNU chess program and added a different graphic front-end to make the Chess application run without using X11 under MacOS X. Are Apple's changes to GNU chess original enough to qualify as a derivative work? I think John

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Rick Moen
Quoting John Cowan ([EMAIL PROTECTED]): It's settled that a binary is a derivative work of its source. It's obvious that a source tarball is a mere collective work, or aggregation as the GPL calls it. What, then, is the status of a binary compiled from the tarball?

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Rick Moen
Quoting [EMAIL PROTECTED] ([EMAIL PROTECTED]): If you examine the short stories in a theme anthology, there may be strong connections between them too (and the stronger the connection, the stronger the copyright available on the collective work as such). But a theme anthology is still a

RE: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Lawrence Rosen
John Cowan wrote: It's settled that a binary is a derivative work of its source. It's obvious that a source tarball is a mere collective work, or aggregation as the GPL calls it. What, then, is the status of a binary compiled from the tarball? It evidently is a

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Chuck Swiger
On Jun 18, 2004, at 1:59 PM, [EMAIL PROTECTED] wrote: Chuck Swiger scripsit: Agreed. For example, Apple has taken the GNU chess program and added a different graphic front-end to make the Chess application run without using X11 under MacOS X. Are Apple's changes to GNU chess original enough to

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Ihab A.B. Awad
On Fri June 18 2004 11:11, Rick Moen wrote: Yes, it would be nice if the concept of derivative work were further clarified (in the software context) by our courts. But I can't see why running it through a compiler would affect anyone's ownership. Well, would it depend on the specifics of the

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Rick Moen
Quoting Ihab A.B. Awad ([EMAIL PROTECTED]): On Fri June 18 2004 11:11, Rick Moen wrote: Yes, it would be nice if the concept of derivative work were further clarified (in the software context) by our courts. But I can't see why running it through a compiler would affect anyone's

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread jcowan
Lawrence Rosen scripsit: When did I say no? A binary compiled from the entire tarball is a derivative of the entire source module collection. Of the entire collection, yes. But is it a derivative of *each* source module as well? And each binary module compiled from each of its modules is a

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread jcowan
Rick Moen scripsit: I just had a bizarre mental image of someone saying Nobody can safely write songs about mad dogs and Englishmen any more, because one never knows when the heirs of Noel Coward[1] might bring a lawsuit on a theory of derivative work. In a world in which the Commissioner of

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Ihab A.B. Awad
Thank you for the clarification On Fri June 18 2004 11:56, Rick Moen wrote: Quoting Ihab A.B. Awad ([EMAIL PROTECTED]): On Fri June 18 2004 11:11, Rick Moen wrote: Yes, it would be nice if the concept of derivative work were further clarified (in the software context) by our courts.

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread jcowan
Rick Moen scripsit: Now, avoiding licence conflict is important, and there are often significant issues there, but the allegation (supposedly Prof. Moglen's) we were discussing was actual ownership of code -- the part about a binary being a derivative work of various things. Yes. Is

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Rick Moen
Quoting [EMAIL PROTECTED] ([EMAIL PROTECTED]): In fact, there are two tests that I know of for determining derivative-work status: 1) If you never saw the original, your work can't be a derivative of it. 2) Otherwise, the abstraction-filtration-comparison test applies: we reduce the

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread jcowan
Chuck Swiger scripsit: Someone decides to use X and Y together in a new program, Z. They write a Z.c which includes X.h and Y.h, and then links Z.o with X1.o, X2.o, Y1.o, Y2.o, etc to produce an executable Z. Z derives from both X and Y: it depends on both and cannot stand alone. Not

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Rod Dixon, J.D., LL.M.
Unfortunately, you started off wrong and ended with a questionable observation. First, it is not well settled that a binary is a derivative of source; that is akin to saying a copy is a derivative of the original. In a metaphysical sense, we can debate the point, but there is no debate in the

Re: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread John Cowan
Rod Dixon, J.D., LL.M. scripsit: Unfortunately, you started off wrong and ended with a questionable observation. First, it is not well settled that a binary is a derivative of source; that is akin to saying a copy is a derivative of the original. In a metaphysical sense, we can debate the