Steve Lhomme wrote: > | A binary is a derived work. > > Are you sure of that ? When you compile > you USE the code not MODIFY it. > There's no derivation. Otherwise using > a software and changing the default > settings would be a derived work...
source code is text that follows the rules of grammar for a particular language (C, C++, Perl, Java, Python, etc) A binary is text that follows the rules of grammar for a different language. The symbols are different from English alpha-numeric, the rules are different, but it is a readable language, nonetheless. (having debugged microcontroller machine code years ago, I can vouch for readability) converting source code to binary is in effect a *translation* from one language to another. I don't know which right of a copyright holder affects translations, but my understanding is that a book author handles foreign translations of their book separately from the original work. I don't know if it's because of the translation (and therefore is a derived work), or if it's because it involves other national governments. I thought it was because the translation was in effect a derived work or something. any lawyer on the list who can clarify how translations are handled for book authors? The only difference between book authors and software authors is that software authors write in a language that is defined rigidly enough that a computer can do the translation automatically. so, how the law applies to book translations should be the way it applies to software translations as well. One could argue that translating source code into machine code should fall under the realm of fair use for software, but I don't know if this has any legal precedence. imagine: Micro$oft open sourced their operating system but said that compiling it is a translation and a right reserved by Micro$oft. Charlie takes the code, compiles it anyway, and distributes the binary, arguing that compiling is 'fair use'. Micro$oft sues. I would have to side with Microsoft in this hypothetical situation, because my understanding is that translation falls under derived works. It would be an interesting case to follow, for sure. IANAL TINLA IMHO YADA YADA YADA Greg -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
