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Subject: Development of Creative Commons licenses

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  • From: Francesco Poli <invernomuto AT paranoici.org>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Aggregation and Stronger SA
  • Date: Mon, 23 Apr 2012 19:26:25 +0200

On Sun, 22 Apr 2012 10:07:52 +0900 David Chart wrote:

> On 2012/04/22, at 2:03, Arne Babenhauserheide wrote:
[...]
> > (2) The book could be a combined creative work (depends on a court seeing
> > the
> > name program apply to any kind work).
>
> I have to say that the chances of that happening strike me as somewhere
> between "slim" and "none". There is just no linguistic precedent for
> calling an illustrated book a program.

Maybe, but please take into account that the GNU GPL v3 (from which the
part quoted by Arne is taken), defines "Program" as "any copyrightable
work licensed under this License" (see section 0).

It's true that in this case the term "program" in the "larger program"
expression is not capitalized, so maybe the intended meaning is
different (unfortunately). However I think we should remember that the
drafters of the GPL commonly used the (capitalized) term "program" in
the more general meaning of "program or other copyrightable work".

I know, it's contorted and misleading (and I personally dislike this
choice of terms, as I said during the GPLv3 drafting process [1]), but
it's so.

[1] http://gplv3.fsf.org/comments/rt/readsay.html?filename=gpl...=30&id=3202


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