Re: The Copyright Act preempts the GPL

2004-02-06 Thread John Cowan
Peter Fairbrother scripsit: > No, a derivative work. Eg, the first author writes a book, the second > author makes a film of the book. The film is a derivative work. The > film director needs two seperate permissions from the book author: > one permission to make a derivative work, and another per

Re: The Copyright Act preempts the GPL

2004-02-06 Thread Peter Fairbrother
John Cowan wrote: > Peter Fairbrother scripsit: > >> Yes. In a derivative work, the second author has the right to make copies of >> his contribution to the derivative work, but he has no right at all to make >> copies of the whole derivative work. > > [analogous points snipped] > > You sound l

Re: The Copyright Act preempts the GPL

2004-02-06 Thread John Cowan
Peter Fairbrother scripsit: > Yes. In a derivative work, the second author has the right to make copies of > his contribution to the derivative work, but he has no right at all to make > copies of the whole derivative work. [analogous points snipped] You sound like you are describing a collectiv

Re: The Copyright Act preempts the GPL

2004-02-06 Thread John Cowan
Peterson, Scott K (HP Legal) scripsit: > By writing something down, you become a copyright owner. That ownership > right does not give you any special privilege or right to copy, > distribute, etc. that work. If others have rights that are infringed by > such acts, they are free to assert those ri

RE: The Copyright Act preempts the GPL

2004-02-06 Thread Lawrence E. Rosen
Scott Peterson wrote: > The rights provided under US copyright law are negative > rights (the right to exclude others), not positive rights > (the right to do something yourself). I don't think so, Scott. At least that's not how the copyright act reads: "...The owner of copyright under this

Re: The Copyright Act preempts the GPL

2004-02-06 Thread Arien Ferrell
Thanks for the link! Just for clarification, my use of 'affirmative' right is a right that gives the holder of that right the freedom to exercise that right (or not exercise it), and raises no obligation in another except non-interference. That being said, an excerpt from 17 USC 106: "has the

RE: The Copyright Act preempts the GPL

2004-02-06 Thread Peterson, Scott K (HP Legal)
The list is archived at: http://www.crynwr.com/cgi-bin/ezmlm-cgi?3 This thread began sometime near the end of January. Your assertion that these are "affirmative" rights is misleading. The copyright owner has the right to be the exclusive one to do those things, but that's different from saying

Re: The Copyright Act preempts the GPL

2004-02-06 Thread Arien Ferrell
A copyright owner (owner of a wholly original work) has a number of affirmative exclusive rights: 17 U.S.C.A. § 106 UNITED STATES CODE ANNOTATED TITLE 17. COPYRIGHTS CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT § 106. Exclusive rights in copyrighted works Subject to sections 107 through 122,

Re: The Copyright Act preempts the GPL

2004-02-06 Thread Peter Fairbrother
[EMAIL PROTECTED] wrote: > Scott writes: > >> >> (A) >> You say: "each person has a duty not to hinder him [the author making a >> copy of his own work]". >> I am aware of no basis in US copyright law for such a duty. I am aware >> of no basis in US copyright law for a positive right to make a c

RE: The Copyright Act preempts the GPL

2004-02-06 Thread will
Scott writes: > > (A) > You say: "each person has a duty not to hinder him [the author making a > copy of his own work]". > I am aware of no basis in US copyright law for such a duty. I am aware > of no basis in US copyright law for a positive right to make a copy. By > writing something down, you

RE: The Copyright Act preempts the GPL

2004-02-06 Thread Peterson, Scott K (HP Legal)
John -- I'll reply to two points: (A) an authors positive right to copy? no. (B) derivative works: what rights does the author of the original work have (A) You say: "each person has a duty not to hinder him [the author making a copy of his own work]". I am aware of no basis in US copyright law f

Re: The Copyright Act preempts the GPL

2004-02-06 Thread Peter Fairbrother
Arien Ferrell wrote: > I think I'm a latecomer to this thread, but I'd be interested in seeing > the first few messages relating to the subject heading. How does the > Copyright Act preempt GPL? > > A couple minor points of clarification relating to the message I received: > >>> A copyright hol

Re: The Copyright Act preempts the GPL

2004-02-06 Thread Arien Ferrell
I think I'm a latecomer to this thread, but I'd be interested in seeing the first few messages relating to the subject heading. How does the Copyright Act preempt GPL? A couple minor points of clarification relating to the message I received: A copyright holder does not have a right to make a

Re: The Copyright Act preempts the GPL

2004-02-06 Thread John Cowan
Peterson, Scott K (HP Legal) scripsit: > A copyright holder does not have a right to make a copy. Rather, the > copyright holder has the right to prevent others from making a copy. Of course the copyright holder has the right to make a copy of the work. That is to say that each person has a duty

RE: The Copyright Act preempts the GPL

2004-02-06 Thread Peterson, Scott K (HP Legal)
Daniel -- A copyright right is not an affirmative right to do something. It is a negative right. It is a right to prevent someone else from doing something. (This 'negative' characteristic is true of patent rights as well - they are also negative rights.) A copyright holder does not have a right