Hey guys,

I saw this discussion on the archives and joined to interject a little
more info about copyright.  I know this has already been discussed, but
I thought I'd contribute some references.

There is a great deal of agreement among the FOSS community that header
files are generally not copyrightable, and the GPL terms don't apply to
them.  This is backed up by RMS and the FSF, which is pretty telling by
itself:

http://lkml.indiana.edu/hypermail/linux/kernel/0301.1/0362.html

Linus Torvalds agrees:

http://lxnews.org/2011/03/25/android-gpl-problems-totally-bogus/

Both of those cases are with regards to GPL'd works, but there is one
notable court case that generalizes it even more: BayState Technologies,
Inc v. Bentley Systems, Inc. (1996) [no relation to me], district court
found that "technical interfaces... cannot be protected by copyright
law".  The summary also references other related fair use cases,
including Sega Enterprises Ltd. v. Accolade, Inc.  Case summary here:

http://www.fenwick.com/docstore/publications/ip/ip_articles/baystate_holding.pdf

Basically: common public opinion and some lower US court findings hold
that a typical descriptive header file (i.e. no inline functions) is NOT
bound by copyright law.

I am not a lawyer, and have never played one in any theatrical production.

-Trevor

-- 
Trevor Bentley
Sherpa Solutions, LLC

Office: (404)467-8866
Web: http://www.sherpasolutions.net/


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