[cc-community] GNU-GPL, makefiles, and non-distributed executables

David davidpalmer at westnet.com.au
Fri Dec 14 23:21:11 EST 2007


Greg London wrote:
>> Greg London wrote:
>>> I think you missed the issue. Alice doesn't distribute a derivative
>>> of George's work, and therefore does not trigger the source code
>>> requirement.
>> Does Alices app need Georges code to work?
>> In that case, she is making use of it.
> 
> "work" and "use" are not covered by copyright.
> "derivative" is.

I think there would have to be a legal argument here.
If the app can't 'work' or be 'used' without George's creation, it must 
be, in a major sense, 'derivative'.
Probably Alice's idea source in the first instance.
Hmmm....?
> 
> It has been established that the interface to a subroutine call
> is purely functional. Therefore if Alice only interfaces to George's
> code by calling George's subroutines, it isn't a derivative.

That's if it only interfaces.
I seem to remember mention of a compiler somewhere?
> 
> Third party vendors are allowed to make calls to Microsoft's
> windows library without getting microsofts permission because
> it is a purely functional interface, not a copyright issue.

Oh yes, but see what happens if they try to implement OOXML without 
ponying up and see what happens.
> 
>> Intellectual ninjitsu wouldn't have it any other way.
> 
> I don't think you understand the various possible loopholes
> that can affect copyright law.
> 
>> So if there is a copyright, of any sort, on a cake recipe,
> 
> Very bad example because recipes are not copyrightable. Ever.

Oh yes, they are.

The Sacha Torte (Vienna High Court - seven year legal action).
Unresolved to the point where only two establishments can make a legal 
one - The Sacha Hotel and Demels.
It hasn't just been copyrighted, it's been patented.

And in Australia, if an employee in a pastry shop steals a recipe, 
he/she can be sued and jailed.

It's the intellectual property of the master tradesman.

> They are purely functional. You can copyright the text around
> a recipe and bundle them up in a book with little stories and
> whatnot, and copyright the book, but the cake recipe itself
> is uncopyrightable.

Pity I'm a master pastrychef by trade, isn't it?
Regards,

-- 
David Palmer
Linux User - #352034


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