"Alfred M. Szmidt" wrote: [...] > Work A + Work B = Work C (combination of two works) ==> derivtate work > since C is based on A and B. This is no compilation.
Sez who? (Besides you and other brainwashed GNUtians, that is.) http://digital-law-online.info/lpdi1.0/treatise27.html (I.D.4. Derivative Works and Compilations) "When two or more preexisting works are combined to form a new work, in copyright law that work is called a compilation a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The copyright in the resulting overall computer program comprises the copyrights in the preexisting component computer programs and a new copyright in the compilation. But that compilation copyright is very limited. [...] Some have claimed that an application program that needs a library for its operation is a derivative work of that library. They take that position because the application program is based on the library because it was written to use the subroutines and other aspects of the library. Such a position is misplaced. " http://www.rosenlaw.com/Rosen_Ch06.pdf (Reciprocity and the GPL) "I have already explained the fundamental difference in copyright law between a /collective work/ and a /derivative work/. You will recall generally that the former is a collection of independent works and the latter is a work based upon one or more preexisting works. A work containing another work is a /collective work/. A work based on another work is a /derivative work/. Merging those concepts in the GPL would leave no distinction between a derivative and collective work, an absurd result considering the importance of those two defined terms in copyright law." Note that the term compilation includes collective works. regards, alexander. _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
