Re: What makes software copyrightable anyway?

2005-05-13 Thread Ken Arromdee
On Thu, 12 May 2005, Raul Miller wrote: And, I might add, this is another respect in which the FSF FAQ verges upon the dishonest. Since 17 USC 117 explicitly limits the scope of what can be considered infringement under section 106, it also nullifies any claims of contributory

Re: What makes software copyrightable anyway?

2005-05-13 Thread Michael K. Edwards
Raul wrote: If we don't do that, we might cause someone or some group (perhaps some of us) to get stuck with paying openssl.org some heavy license fee, to release openssl under gpl compatible terms. Or, maybe we'll create a situation requiring some other sort of settlement. And, if that's

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: 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: 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

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: 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: 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: 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: 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

Re: What makes software copyrightable anyway?

2005-05-11 Thread Humberto Massa
Michael K. Edwards wrote: When I try to reconcile early case law -- just from the US circuit courts -- on the copies, derivative works, collections, and dungheaps made during run-time, and which routine uses are infringing and which aren't, the little engine in my non-lawyer head threatens to

Re: What makes software copyrightable anyway?

2005-05-11 Thread Raul Miller
On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: 2.a. it specifies (art. 7, XII) that computer programs are protected by copyrights. 2.b. it further specifies (art. 7 § 1) that computer programs have specific legal provisions (all contained, nowadays, in our Computer Programs Law [Lei

Re: What makes software copyrightable anyway?

2005-05-11 Thread Humberto Massa
Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: 2.a. it specifies (art. 7, XII) that computer programs are protected by copyrights. 2.b. it further specifies (art. 7 § 1) that computer programs have specific legal provisions (all contained, nowadays, in our

Re: What makes software copyrightable anyway?

2005-05-11 Thread Batist Paklons
This book gives a history of how software was granted copyright protection gradually through case law in the US: A. CLAPES, Softwars, London, Quorum Books, 1993, 325 p. I found it both useful and agreeable, albeit slightly outdated being more than ten years old. Kind regards Batist

Re: What makes software copyrightable anyway?

2005-05-11 Thread Humberto Massa
Raul Miller wrote: However, on the flip side -- if binaries are the same work as the sources under the eyes of the law, then you can't construct any licenses which treat sources differently from binaries. They're the same. Anyone who has the right to distribute binaries also has the right to

Re: What makes software copyrightable anyway?

2005-05-11 Thread Raul Miller
On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: Nope. Binaries are the same work as (the anthology of) their sources, in the eye of the Law 9609/98. If I understand you correctly, this means that under Brazilian law,

Re: What makes software copyrightable anyway?

2005-05-11 Thread Humberto Massa
Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: Nope. Binaries are the same work as (the anthology of) their sources, in the eye of the Law 9609/98. If I understand you correctly, this means that

Re: What makes software copyrightable anyway?

2005-05-11 Thread Humberto Massa
Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: We have a brocardo (legal axiom) in our doctrine: He who can do more, can do less (horrid translation to quem pode mais, pode menos [Quién puede más,