Peter Dimov wrote:
> 
> I'd like also to point out that it seems to me that the old "in all
> copies" form is better than the new one; the legal system is
> sufficiently flexible 
> to reliably recognize a "copy" (i.e. a password protected RAR archive
> of an mp3 encoded song). The new wording seems to allow
> self-extracting archives of "the Software" to not carry the license.

To elaborate on this point, allow me to present two specific use cases to clarify the 
potential loopholes, both arising from the clause "unless such copies or derivative 
works are solely in the form of machine-executable object code generated by a source 
language processor."

* Suppose I create a product containing executables that make use of compiled boost 
libraries (only - no uncompiled boost source).  I consider the CD and its content to 
be the "work" and I copyright it as such.  It is a work derived from the Software 
(Boost license definition).  Suppose the CD contains a plain text readme file.  The 
derivative work is not /solely/ in the form of object code.  Technically, I would have 
to include the boost copyright info, even though that is not the intent of the license.

* Although "language" by definition represents expression with constraining rules 
restricting valid combinations of input, it is well established that computer 
languages make provision for encapsulating of unconstrained binary data.  Suppose I 
create a C++ program whose sole purpose is to create a file containing a significant 
portion of boost source code.  My program contains a long C string which is the boost 
source code.  Once I compile the C++ code into object code, I meet the exception, and 
don't need to include the copyright info, which is contrary to the intent of the 
license.

I think both problems (assuming they are real problems) can be solved by clarifying 
that exception clause to be something link this: "unless all portions (and only those 
portions) of the work strictly derived from the Software are translated from their 
source language into machine-executable object code."  The lawyers can probably get 
the right wording to clarify the intent that you don't have to compile your own 
content, but you do need to compile the boost content.

One final point: I would argue that "unless such copies or derivative works" can 
become "unless such derivative works", since a direct copy will retain the existing 
copyright and not need the exception clause, and any change to the copyright will 
cause the work to be a derivative, not a copy.  (I'm not well versed, however, on 
exactly where the dividing line between a "copy" and a derived work is drawn.)

(Insert "this is a layman talking" disclaimer here.)
Ed


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