Re: [silk] contracts vs. copyright

2007-02-27 Thread Dave Long
BTW, have you read Lexmark vs. Static Control? I mentioned it as an aside, because it's interesting, and because one of the rulings said something about fair use in software (I don't remember what, though :-). A similar situation held with the Vectrex game console, which wouldn't run

Re: [silk] contracts vs. copyright

2007-02-27 Thread Thaths
On 2/24/07, Thaths [EMAIL PROTECTED] wrote: #include tangent.h While we are on the topic of Copyrights and Patents, what is the term on software Copyright? Is it the same Life + XX years (aka. Forever-minus-1) as in literary works? So, am I left alone in an echo-y silklist chanber listening

Re: [silk] contracts vs. copyright

2007-02-27 Thread Carey Lening
You're not -- I didn't see this earlier, as I sorta zoned out once the talk of code came back into the foreground ;) Software copyrights are the same as regular ol' literary copyrights Life of the Author + 70. Thank you Walt Disney. On 2/27/07, Thaths [EMAIL PROTECTED] wrote: On 2/24/07,

Re: [silk] contracts vs. copyright

2007-02-27 Thread Eugen Leitl
On Tue, Feb 27, 2007 at 08:32:23AM -0800, Thaths wrote: So, am I left alone in an echo-y silklist chanber listening to the sound of one hand clapping? Happens to me all the time. -- Eugen* Leitl a href=http://leitl.org;leitl/a http://leitl.org

Re: [silk] contracts vs. copyright

2007-02-27 Thread Rishab Aiyer Ghosh
On Tue, 2007-02-27 at 11:42 -0500, Carey Lening wrote: Software copyrights are the same as regular ol' literary copyrights Life of the Author + 70. or + 50 in many non USian parts of the world. -rishab

Re: [silk] contracts vs. copyright

2007-02-24 Thread Abhijit Menon-Sen
At 2007-02-23 16:26:30 +0100, [EMAIL PROTECTED] wrote: some forms of interaction are probably not derivative, others (such as static linking) certainly are BTW, I don't see why static linking certainly makes a derivative work. Surely that must be, again, a question of fact, to be decided based

Re: [silk] contracts vs. copyright

2007-02-24 Thread Vinayak Hegde
On 2/24/07, Abhijit Menon-Sen [EMAIL PROTECTED] wrote: BTW, I don't see why static linking certainly makes a derivative work. Surely that must be, again, a question of fact, to be decided based on copyright law and the nature of what is being linked to what? Because in static linking, the

Re: [silk] contracts vs. copyright

2007-02-24 Thread Abhijit Menon-Sen
At 2007-02-24 19:05:02 +0530, [EMAIL PROTECTED] wrote: Because in static linking, the binary code is directly included in the executable unlike in dynamic linking in which there are references and the code is used at runtime. Thanks, I know what static linking is. As I understand it,

Re: [silk] contracts vs. copyright

2007-02-24 Thread Abhijit Menon-Sen
At 2007-02-24 19:44:36 +0530, [EMAIL PROTECTED] wrote: As I understand it, however, directly including the binary code into the executable doesn't necessarily constitute a derived work under copyright law. BTW: Remember LZEXE? -- ams

Re: [silk] contracts vs. copyright

2007-02-24 Thread Rishab Aiyer Ghosh
On Sat, 2007-02-24 at 19:50 +0530, Abhijit Menon-Sen wrote: BTW: Remember LZEXE? LZEXE was distributed with a copyright notice that says confusingly that it is public domain, copyright, and FREEWARE. it clarifies that and you can therefore use, copy and distribute it freely. You can also

Re: [silk] contracts vs. copyright

2007-02-24 Thread Rishab Aiyer Ghosh
On Sat, 2007-02-24 at 19:44 +0530, Abhijit Menon-Sen wrote: Also, since you admit the possibility of a dynamically linked program not being derived from what it's linked to, are you really saying that adding -Bstatic while recompiling changes the status of the executable as a matter of

Re: [silk] contracts vs. copyright

2007-02-24 Thread Abhijit Menon-Sen
At 2007-02-24 16:15:34 +0100, [EMAIL PROTECTED] wrote: but it is rather likely that a court would rule that the work is derivative. Has that specific question ever been tested in court? your printpi program is clearly derivative of printf Because it significantly transforms, adapts, or

Re: [silk] contracts vs. copyright

2007-02-24 Thread Abhijit Menon-Sen
At 2007-02-24 16:28:18 +0100, [EMAIL PROTECTED] wrote: since it places no restrictions on derived works, there's no problem with distributing programs compressed with LZEXE (which therefore include LZEXE components in themselves) under any licence you please. Oh, that wasn't my point at all.

Re: [silk] contracts vs. copyright

2007-02-24 Thread Rishab Aiyer Ghosh
On Sat, Feb 24, 2007 at 09:22:21PM +0530, Abhijit Menon-Sen wrote: BTW, have you read Lexmark vs. Static Control? the copyright-infringement part of that suit related to a really tiny program that had to operate in constrained circumstances (i believe 50 bytes long or so). to the defence that

Re: [silk] contracts vs. copyright

2007-02-24 Thread Abhijit Menon-Sen
At 2007-02-24 16:46:39 +0100, [EMAIL PROTECTED] wrote: i'm pretty sure a court would rule that dynamic linking, or static linking, is a greater indicator of derivation than pure aggregation. If you really meant (and I think you did) I'm pretty sure a court would consider dynamic or static

Re: [silk] contracts vs. copyright

2007-02-24 Thread Rishab Aiyer Ghosh
On Sat, Feb 24, 2007 at 09:22:21PM +0530, Abhijit Menon-Sen wrote: your printpi program is clearly derivative of printf Because it significantly transforms, adapts, or recasts printf? That seems a bit of a stretch to me, and I don't think it's unreasonable to argue that the use of printf to

Re: [silk] contracts vs. copyright

2007-02-24 Thread Rishab Aiyer Ghosh
On Sat, Feb 24, 2007 at 09:58:20PM +0530, Abhijit Menon-Sen wrote: applies to. If you used a proprietary library in some way you weren't supposed to, you would (presumably) be in breach of contract, and if you distributed it, you would be infringing the owner's copyright by distributing their

Re: [silk] contracts vs. copyright

2007-02-24 Thread Abhijit Menon-Sen
At 2007-02-24 16:27:37 +, [EMAIL PROTECTED] wrote: BTW, have you read Lexmark vs. Static Control? the copyright-infringement part of that suit related to a really tiny program that had to operate in constrained circumstances (i believe 50 bytes long or so). Yes, a program on the toner

Re: [silk] contracts vs. copyright

2007-02-24 Thread Thaths
On 2/24/07, Rishab Aiyer Ghosh [EMAIL PROTECTED] wrote: of cource, greg's solution is that patents (only) are the means of protection for software authorship rights, and many may not agree with that. #include tangent.h While we are on the topic of Copyrights and Patents, what is the term on

Re: [silk] contracts vs. copyright

2007-02-23 Thread Eugen Leitl
On Fri, Feb 23, 2007 at 09:50:26AM +0530, Abhijit Menon-Sen wrote: In particular, on the linux-kernel list, where there's an ongoing thread about EXPORT_SYMBOL_GPL and non-GPLed device drivers, and so on. Greg K-H has always rubbed me the wrong way. I personally got bitten by his little patch,

Re: [silk] contracts vs. copyright

2007-02-23 Thread Rishab Aiyer Ghosh
On Fri, 2007-02-23 at 10:23 +0530, Biju Chacko wrote: One of the biggest problems, as I see it, is that there is no clear definition of what constitutes a derived work. exactly. i should point out that the GPL very carefully avoids specifying what a derivative work is, within the licence

Re: [silk] contracts vs. copyright

2007-02-22 Thread Carey Lening
I caveat this by speaking almost entirely based on U.S. law: On 2/22/07, Abhijit Menon-Sen [EMAIL PROTECTED] wrote: Hi. ... Now, clearly, their program itself is not a work derived from the GPLed one. But one popular perception is that the product (i.e. their program plus the GPLed

Re: [silk] contracts vs. copyright

2007-02-22 Thread Thaths
On 2/21/07, Abhijit Menon-Sen [EMAIL PROTECTED] wrote: At 2007-02-22 12:49:13 +0530, [EMAIL PROTECTED] wrote: Why can't they write their own anyway ? Unless it is not POP3 at all and POP3 is a placeholder (Yes, it's a placeholder for an entirely non-trivial program.) #include ianal.h It is

Re: [silk] contracts vs. copyright

2007-02-22 Thread Badri Natarajan
If, however, your software talks to the GPL-ed software through an API (ergo, libraries compiled or linked into your software), then your software becomes infected. I think Thaths has reached the heart of the issue - this is not really a question of law, it's a question of fact depending on

Re: [silk] contracts vs. copyright

2007-02-22 Thread Abhijit Menon-Sen
At 2007-02-22 13:14:38 -0800, [EMAIL PROTECTED] wrote: It is obvious that the changes you made to the GPL-ed POP3 Er, just a moment. For the record: *I* didn't modify any GPLed POP3 server (or whatever). I constructed a simplified scenario (loosely based both on discussions elsewhere and a

Re: [silk] contracts vs. copyright

2007-02-22 Thread Abhijit Menon-Sen
At 2007-02-22 15:57:37 -0500, [EMAIL PROTECTED] wrote: As far as copyright is concerned, you're right -- its most likely _Not_ a derivative work, but would still likely infringe the GPL'ed code. How could it? I mean, if it isn't a derived work, by what mechanism could it possibly infringe on

Re: [silk] contracts vs. copyright

2007-02-22 Thread Abhijit Menon-Sen
At 2007-02-22 21:44:06 -, [EMAIL PROTECTED] wrote: this is not really a question of law, it's a question of fact depending on the circumstances of each case. Great, thanks. The modified POP3 server will however, almost certainly be a derivative work of the original POP3 server OK. As I

Re: [silk] contracts vs. copyright

2007-02-22 Thread Carey Lening
On 2/22/07, Abhijit Menon-Sen [EMAIL PROTECTED] wrote: At 2007-02-22 15:57:37 -0500, [EMAIL PROTECTED] wrote: As far as copyright is concerned, you're right -- its most likely _Not_ a derivative work, but would still likely infringe the GPL'ed code. How could it? I mean, if it isn't a

Re: [silk] contracts vs. copyright

2007-02-22 Thread Thaths
On 2/22/07, Abhijit Menon-Sen [EMAIL PROTECTED] wrote: At 2007-02-22 13:14:38 -0800, [EMAIL PROTECTED] wrote: It is obvious that the changes you made to the GPL-ed POP3 Er, just a moment. For the record: *I* didn't modify any GPLed POP3 server (or whatever). I constructed a simplified scenario

Re: [silk] contracts vs. copyright

2007-02-22 Thread Abhijit Menon-Sen
At 2007-02-23 08:55:15 +0530, [EMAIL PROTECTED] wrote: I constructed a simplified scenario (loosely based both on discussions elsewhere In particular, on the linux-kernel list, where there's an ongoing thread about EXPORT_SYMBOL_GPL and non-GPLed device drivers, and so on. -- ams

Re: [silk] contracts vs. copyright

2007-02-22 Thread Biju Chacko
On 23/02/07, Abhijit Menon-Sen [EMAIL PROTECTED] wrote: At 2007-02-23 08:55:15 +0530, [EMAIL PROTECTED] wrote: I constructed a simplified scenario (loosely based both on discussions elsewhere In particular, on the linux-kernel list, where there's an ongoing thread about EXPORT_SYMBOL_GPL and

Re: [silk] contracts vs. copyright

2007-02-21 Thread Michael Silk
On 2/22/07, Abhijit Menon-Sen [EMAIL PROTECTED] wrote: Hi. Here I am again, trying to abuse the goodwill of the legal initiates lurking on the list with a hypothetical scenario. 1. Suppose someone writes a GPLed POP3 server. 2. Suppose company X, which develops a proprietary program, needs

Re: [silk] contracts vs. copyright

2007-02-21 Thread Abhijit Menon-Sen
At 2007-02-22 17:00:59 +1100, [EMAIL PROTECTED] wrote: What are the company's obligations under the GPL? To open-source their modifications. [...] But one popular perception is that the product (i.e. their program plus the GPLed server) is a work derived from the both their

Re: [silk] contracts vs. copyright

2007-02-21 Thread Biju Chacko
On 22/02/07, Michael Silk [EMAIL PROTECTED] wrote: Now, clearly, their program itself is not a work derived from the GPLed one. Yes, it is. Without the adjustments to the GPLed program theirs wouldn't work, and they base their program around those said adjustments so it clearly relies on the

Re: [silk] contracts vs. copyright

2007-02-21 Thread Badri Natarajan
*I AM NOT FAMILIAR WITH THE DETAILS OF THE GPL* (My copyright experience has more to do with music than software) Having said that, my vague recollection of the GPL from years ago is that if you use even the tiniest amount of GPL'ed code in a new program, then you have to release the new program

Re: [silk] contracts vs. copyright

2007-02-21 Thread Sankarshan Mukhopadhyay
-BEGIN PGP SIGNED MESSAGE- Hash: SHA1 Abhijit Menon-Sen wrote: 3. Suppose they take the GPLed POP3 server and modify it substantially to suit their needs, and modify their program to talk to it. Releasing the modifications (in readable and compile-able format or such) and/or the

Re: [silk] contracts vs. copyright

2007-02-21 Thread Abhijit Menon-Sen
At 2007-02-22 12:49:13 +0530, [EMAIL PROTECTED] wrote: Why can't they write their own anyway ? Unless it is not POP3 at all and POP3 is a placeholder (Yes, it's a placeholder for an entirely non-trivial program.) -- ams