Hyman Rosen wrote: [...] > > Section 2(b) of the GPL would seek to prohibit activities that > > Section 106 of the Copyright has not reserved for copyright owners > > While the right to create a collective work is not restricted > to the copyright holder, it hardly matters in the case of the > GPL, because you have no right to copy the GPLed portion of the > collective work except as the GPL allows, and the only way to > do that is to license the collective work as a whole under the > GPL.
Did I really miss the breaking news that the FSF has sued Novell for not using the GPL to license Novell's collective works which are "based on" tons of GPL'd staff including the entire Gu-NÜ project? Note that Novell doesn't license its Gu-NÜ-slash-Linux collective works under the GPL. http://www.novell.com/products/opensuse/eula.html ------ The Software is a collective work of Novell; although Novell does not own the copyright to every component of the Software, Novell owns the collective work copyright for the Software. ------ > It doesn't much matter even in more traditional cases. If See (the term "compilation" includes "collective work"): http://en.wikisource.org/wiki/Index:H.R._Rep._No._94-1476 ----- Between them the terms ''compilations'' and ''derivative works'' which are defined in section 101 comprehend every copyrightable work that employs preexisting material or data of any kind. There is necessarily some overlapping between the two, but they basically represent different concepts. A ''compilation'' results from a process of selecting, bringing together, organizing, and arranging previously existing material of all kinds, regardless of whether the individual items in the material have been or ever could have been subject to copyright [...] an unauthorized translation of a novel [i.e. derivative work] could not be copyrighted at all, but the owner of copyright in an anthology of poetry [i.e. compilation] could sue someone who infringed the whole anthology, even though the infringer proves that publication of one of the poems was unauthorized. ----- regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
