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OT - Closing Off An Open-Source Product
Bob Klinebkline at rksystems.com
Wed Apr 11 14:05:54 EDT 2001
On Wed, 11 Apr 2001, Chris Watson wrote:> > It makes absolutely no difference what clause 2 of the GPL says.> > Anyone can craft a license which has unlimited amounts of nonsense in> > it. That doesn't change the _fact_ that making a de minimis alteration> > to a work in the public domain will _not_ entitle you to a _legitimate_> > copyright in the derived work.>> While I agree I think the GPL is full of idiocy. The fact remains it> DOES matter the GPL says UNTIL a court of law says otherwise.> Regardless if its legal to do it or not, if someone does it it's> going to stand till a court throws it out.No. The courts have already said otherwise. Emphatically. Repeatedly. Eloquently. If the GPL says that you are entitled to a legitimatecopyright in a derivation which consists of the alteration of a singleletter of a work in the public domain then it is wrong.Copyright claimants may well argue, and many do, that the changes theyhave made to specific works are substantial enough to support alegitimate copyright in the derived work. The bulk of the arguments aresettled in the U.S. Copyright Office (for U.S. claims). In some cases acourt of law will make a determination as to whether the changes aresufficiently substantial to support the copyright in the derived work.Such a claim cannot be made for the alteration of a single letter.If you're still unconvinced, you can believe anything you want to, butI'm not going to waste any more time or bandwidth trying to explain itto you.-- Bob Klinemailto:bkline at rksystems.comhttp://www.rksystems.com
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