Tim Smith <reply_in_gr...@mouse-potato.com> writes: > In article <slrnh04da1.43u.j...@nomad.mishnet>, > JEDIDIAH <j...@nomad.mishnet> wrote: >> No, the question is whether or not code that is entirely dependent >> on some other person's work for it's existence is a derivative work. This >> question doesn't magically go away just because you take the GPL out of >> the picture. > > The question of whether or not a work is "dependent on" someone else's > work doesn't even arise, because the relationship "dependent on" is not > a relationship that has any meaning in copyright law. > > This is one of the reasons companies making video game consoles have to > use technological means to prevent unauthorized games from being > released for their systems, rather than simply suing unauthorized > produces for copyright violation. After all, the games are dependent on > the operating system in the game console, so by your logic (and the > FSF's logic), you have to have permission to release the games. > > They initially did try the copyright approach, and fell flat on their > faces in court, because the games were not derivative works of the game > console's code. Hence, the companies had to switch to code signing, or > using patented mechanical interfaces for their cartridges, so they could > nail unauthorized cartridge makers for patent infringement. > >> If you tried to use this sort of rationale to argue that you can >> freely make Star Trek novels, you would probably get your ass handed >> to you. > > Writing a Star Trek novel would involve copying characters, settings, > and such from the existing Star Trek works. Hence, it would run into > copyright problems. (Gee...copying leads to copyright problems...who > would have expected that?). > > Writing source code that can call functions from a library does not > involve copying the library. There might be some copying of structure > definitions for the interface, but those are functional elements of the > library that are not subject to copyright.
Where's the GPL's answer to Ian "hired gun" Hilliard, Alan McKenzie, with his "everyone understand the GPL" line? -- In view of all the deadly computer viruses that have been spreading lately, Weekend Update would like to remind you: when you link up to another computer, you’re linking up to every computer that that computer has ever linked up to. — Dennis Miller _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss