Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-12 Thread Michael K. Edwards
Speaking of people who will be pretty pissed when it turns out that Eben Moglen has been bullshitting about the legal meaning of the GPL all along: http://trends.newsforge.com/article.pl?sid=05/02/11/2216239tid=147 But for better or for worse, Mr. Wallace doesn't seem to have a terribly firm

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: That is your mistake: it's not the pages that carry protection, it's the words and illustrations on the pages (as in abstract, intelectual entities) that carry protection. I thought copyright was protection for creative

Re: Contract and Tort Law and the GPL

2005-05-12 Thread Raul Miller
On 5/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Oferchrissake. Existing case law with respect to copyright _licenses_ is always, always, always based on contract law (in the US, anyway). Would you do me the courtesy of at least correctly stating the argument that you are attempting to

Re: What makes software copyrightable anyway?

2005-05-12 Thread Raul Miller
On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: You inverted the do more and do less. Publishing an arbitrary set of anthologies is do more as compared to publishing one story. Ok, here's my current understanding: permission to distribute sources does not constitute permission to

Re: Contract and Tort Law and the GPL

2005-05-12 Thread Humberto Massa
Raul Miller wrote: It's been suggested that existing case law with respect to copyrights always is based on contract law, and that the GPL can only be understood in terms of contract law. (...) However, there is the other option: Tort Law. I don't know and I won't try to figure out if your

Re: What makes software copyrightable anyway?

2005-05-12 Thread Michael Poole
Raul Miller writes: On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: You inverted the do more and do less. Publishing an arbitrary set of anthologies is do more as compared to publishing one story. Ok, here's my current understanding: permission to distribute sources does not constitute

Grand Theft Rolex

2005-05-12 Thread Steve
Used Rolex Watch http://consecutively.nlav.com/rep/vron/Diplodocus.html Mens and Ladies Rolex Watches -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]

Re: What makes software copyrightable anyway?

2005-05-12 Thread Raul Miller
On 5/12/05, Michael Poole [EMAIL PROTECTED] wrote: Raul Miller writes: Ok, here's my current understanding: permission to distribute sources does not constitute permission to distribute binaries. The principle under Brazilian law seems to be that restrictions on distribution of sources

Re: Contract and Tort Law and the GPL

2005-05-12 Thread Raul Miller
Just in case anyone was worried about this issue: On 5/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/11/05, Raul Miller [EMAIL PROTECTED] wrote: So it should be possible to treat the GPL as if an implicit contract had been signed, and proceed from there, and the damages inflicted

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Raul Miller wrote: On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: You inverted the do more and do less. Publishing an arbitrary set of anthologies is do more as compared to publishing one story. Ok, here's my current understanding: permission to distribute sources does not

Re: Contract and Tort Law and the GPL

2005-05-12 Thread Raul Miller
On 5/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Federal copyright law presumes irreparable harm from the infringement of a copyright. See Cadence Design Systems, 125 F.3d at 826-27. Exactly. -- Raul

Re: Contract and Tort Law and the GPL

2005-05-12 Thread Michael K. Edwards
On 12 May 2005 09:46:28 GMT, MJ Ray [EMAIL PROTECTED] wrote: Thanks for the apology. Would you consider posting a short outline of how you would rebut the argument in general, rather than getting annoyed writing a point-by-point demolition? I'd ignore any you can't answer everything you cut

Re: What makes software copyrightable anyway?

2005-05-12 Thread Raul Miller
On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: Suppose the libc runtime is given in some system by a work named gpld_libc. Is hello_world.c a derivative work of gpld_libc ? I don't think so. #include stdio.h int main(int, char**) { puts(Hi); return 0; } What is a dynamically

Re: Contract and Tort Law and the GPL

2005-05-12 Thread Raul Miller
On 5/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote: All copyright _licenses_ (in the US, anyway) are terms in contracts. This does seem to be your main thesis. You have not provided any reason to believe that this generalization must hold in all cases. Instead, you've been using the full

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Raul Miller wrote: On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: Suppose the libc runtime is given in some system by a work named gpld_libc. Is hello_world.c a derivative work of gpld_libc ? I don't think so. #include stdio.h int main(int, char**) { puts(Hi); return 0; } What is a

Re: What makes software copyrightable anyway?

2005-05-12 Thread Raul Miller
On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: I will do my repeated assertion act: It's a dynamically linked executable, for the love of $DEITY! Which makes it a collective work. Collective works can be eligible for copyright protection, even if the only creative effort that went into

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Raul Miller wrote: On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: I will do my repeated assertion act: It's a dynamically linked executable, for the love of $DEITY! Which makes it a collective work. Collective works can be eligible for copyright protection, even if the only creative

Re: What makes software copyrightable anyway?

2005-05-12 Thread Raul Miller
On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: Raul Miller wrote: Which makes it a collective work. Collective works can be eligible for copyright protection, even if the only creative effort that went into them is the selection and arrangement of their contents. DY-NA-MI-CA-LLY. It

Re: What makes software copyrightable anyway?

2005-05-12 Thread Michael K. Edwards
On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: [snip arguments which appear, on a somewhat cursory reading, to be 100% correct] Ok. Now (again) back to the libssl problem. Is a daemon dx.c that when compiled, links with libsnmp, and indirectly with libssl, a derivative work of any of

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Raul Miller wrote: The working hello_world program is a collection. This program (hello_world) taken in isolation will not perform. This is irrelevant. Its creative status independs of its performance. You are saying that hello_world in isolation will not perform. Neither will the debian

Re: Contract and Tort Law and the GPL

2005-05-12 Thread Michael K. Edwards
On 5/12/05, Raul Miller [EMAIL PROTECTED] wrote: On 5/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Or he could consult a law book, of course. I don't bother with citations to Nimmer on Copyright or Corbin on Contracts or whatever except when I find them quoted in a court opinion,

Re: What makes software copyrightable anyway?

2005-05-12 Thread Michael K. Edwards
On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: Anyway, I was not talking about distributing the working hello_world (if you are referring to the working set of it in RAM, after loaded -- after all, this is the only thing that performs when a file is dynalinked) Note also that all of the

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Michael K. Edwards wrote: Note that your argument contains correct logic but incorrect facts. libsnmp is more or less BSD licensed ( http://www.net-snmp.org/about/license.html ). It is Quagga that is GPL'ed. Substitute, say, a GPL'ed HTTP client library in place of libsnmp, and it's all good.

Re: What makes software copyrightable anyway?

2005-05-12 Thread Michael K. Edwards
On 5/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: Anyway, I was not talking about distributing the working hello_world (if you are referring to the working set of it in RAM, after loaded -- after all, this is the only thing that

Re: What makes software copyrightable anyway?

2005-05-12 Thread Michael K. Edwards
As I tire of swatting flies with a Howitzer (TM), and have been neglecting important work in favor of this debate, I will be taking a bit of a sanity break. (And a sigh of relief was heard across the land.) Cheers, - Michael

Re: What makes software copyrightable anyway?

2005-05-12 Thread Raul Miller
On 5/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote: This doesn't do anything for the distributor of copyright infringing software. 17 USC 117 only protects users of that software. Stipulate that, _contrary_to_law_, we read mere aggregation to mean _only_ on storage media and _only_ at

Re: What makes software copyrightable anyway?

2005-05-12 Thread Michael K. Edwards
Frankly, Raul, anyone who believes your reading of the Progress Software v. MySQL decision deserves what he or she gets. Cheers, - Michael

my mistakes

2005-05-12 Thread Raul Miller
Just to clear the air, here's some mistakes I'm aware of making today: (1) I thought the Progress Software v. MySQL case was still pending. While I've not found a formal statement to this effect, I've since read that the case settled out of court. (2) I incorrectly assumed that the gender of