On Fri, 7 Oct 2005, Benjamin Tomhave wrote:

Your assertion is also incorrect about patents.  US copyright law protects
all ideas, not just those patented.  This is one of the main reasons that
software patents are so hotly contested - they're largely unnecessary.

Intellectual property law in the US is a crazy mess, and based on your
second sentence, I think you've mixed some up (as even IP lawyers do
sometimes).  Copyrights and patents are totally different aspects of
IP law in the US, and copyright doesn't cover the same sorts of
"things" that patent law covers.  One of the most important things to
understand about copyright is that you cannot copyright ideas
(generally, copyright experts refer to an "instantiation of an idea"
as something copyrightable).  But don't take my word for it, see what
the US copyright office has to say..

http://www.copyright.gov/circs/circ31.html

So, since the GPL depends on copyright as its basis (since you can't
put restricitons on the use of a "document" you don't hold the
copyright to), taking people's ideas cannot be a violation of the
GPL.  That doesn't mean it's ethical to do so (or maybe even legal),
but it's not a copyright violation, which I think was Javier's point.

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