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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: Sat, 19 May 2012 13:01:01 +0200

On Mon, 14 May 2012 13:57:58 -0400 drew Roberts wrote:

> On Sunday 13 May 2012 18:12:41 Francesco Poli wrote:
[...]
> > As I said, I think the GPLv3 text implicitly assumes that, when no
> > copyright results from the compilation, then the compilation
> > automatically satisfies the part of the "aggregate" definition that
> > talks about the resulting copyright.
>
> I know what you say but I don't think the language of the license supports
> that view.

Do you really think that the GPLv3 aggregate exception can *never* apply
to non-copyrighted compilations?

I think we should interpret the language of the license taking its
spirit into account: it seems obvious that an exception that applies to
compilations when their resulting copyright is not used in a harming
manner (and other criteria are met), should be interpreted as applying,
all the more so, to compilations without any resulting copyright (when
the other criteria are equally met)...

[...]
> > If you consider aggregating non-free works with copylefted free works
> > as unacceptable, well, let's stop running in circles, and let's agree
> > to disagree on this topic...
>
> I don't want to go there for true mere aggregation. I would not mind going
> there (unless someone can point out actual real world issues) for
> copyrighted
> aggregates.

I cannot see why you consider non-copyrighted compilations and
copyrighted "aggregates" (as defined in the GNU GPL v3) as two
completely different beasts.
As long as the compilation qualifies as an "aggregate", its resulting
copyright (if any) cannot be used to do harm.
Hence, I would say there's not much *effective* difference between the
cases where this copyright exists (but is not used to do harm) and the
cases where this copyright does not exist at all (and thus cannot in
any way be used to do harm)...



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