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Subject: Development of Creative Commons licenses
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Re: Copyright of derivative work released under a CC licence
- From: Rob Myers <robmyers AT mac.com>
- To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
- Subject: Re: Copyright of derivative work released under a CC licence
- Date: Thu, 2 Dec 2004 22:32:33 +0000
On 2 Dec 2004, at 22:16, Greg London wrote:
If someone developed a functionally equivalent,
but completely independent, version of a piece of code,
I believe it is considered a separate work, regardless
of whether the second author once used the word "derivative"
to describe the work. There is "derivative" as in a strict
legal meaning, and then there is "derivative" as in someone
off the street thinking of derivative.
I think it depends on whether you saw the original code or not. If you didn't, it's a "clean-room" reverse-engineered functional equivalent.
If you did see the code and refer to it during coding, then I don't know how copyright affects that. I agree that the legal idea of a derivative is different to the dictionary definition of a derivative, but I don't know how the law views translations of functionality between computer programming languages, or between environments or toolkits/APIs in the same language.
Groklaw's archives may be able to help here, as the question of what is or isn't a derivative has been one of SCO's main arguments.
- Rob.
-
Copyright of derivative work released under a CC licence,
Raffaello Tesi, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Evan Prodromou, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Greg London, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Raffaello Tesi, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Greg London, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Thomas, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Greg London, 12/02/2004
- Re: Copyright of derivative work released under a CC licence, Thomas, 12/02/2004
- Re: Copyright of derivative work released under a CC licence, Rob Myers, 12/02/2004
- Re: Copyright of derivative work released under a CC licence, Raffaello Tesi, 12/02/2004
- Re: Copyright of derivative work released under a CC licence, Greg London, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Greg London, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Thomas, 12/02/2004
- Re: Copyright of derivative work released under a CC licence, Raffaello Tesi, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Greg London, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Branko Collin, 12/03/2004
-
Re: Copyright of derivative work released under a CC licence,
Rob Myers, 12/03/2004
- Re: Copyright of derivative work released under a CC licence, Branko Collin, 12/03/2004
-
Re: Copyright of derivative work released under a CC licence,
Greg London, 12/03/2004
-
Re: Copyright of derivative work released under a CC licence,
Branko Collin, 12/03/2004
- Re: Copyright of derivative work released under a CC licence, Greg London, 12/03/2004
-
Re: Copyright of derivative work released under a CC licence,
Branko Collin, 12/03/2004
- Re: Copyright of derivative work released under a CC licence, Raffaello Tesi, 12/03/2004
-
Re: Copyright of derivative work released under a CC licence,
Rob Myers, 12/03/2004
-
Re: Copyright of derivative work released under a CC licence,
Raffaello Tesi, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Greg London, 12/02/2004
-
Re: Copyright of derivative work released under a CC licence,
Evan Prodromou, 12/02/2004
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