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Re: Question About GNU General Public License


From: Alexander Terekhov
Subject: Re: Question About GNU General Public License
Date: Wed, 21 Jul 2004 20:47:45 +0200

Alexander Terekhov wrote:
[...]
> > >> Cases like the Teddy Ruxpin case involving third party tapes for a
> > >> talking moving bear and Duke Nukem involving third party game levels
> > >> for a video game support the opposite contention.  In those case the
> > >> court found that the third party infringed despite the fact that
> > >> none of the original work appeared in the derivative works.
> > >
> > > Do you have access to
> > >
> > > "Christian H. Nadan, Note, A Proposal to Recognize Component
> > >  Works:  How a Teddy Bears on the Competing Ends of Copyright
> > >  Law, 78 Cal.L.Rev."
> >
> > No I don't.
> 
> I also don't have access (it seems to be available on westlaw only).
> 
> >             Is that a proposal to put the making of derivative works
>                                                       ^^^^^^^^^^^^^^^^
> 
> in metaphysical sense...
> 
> > outside of the exclusive rights reserved to copyright holders?
> 
> ... as long as you don't "recast, transform, or adapt" the "based on"
> work. I'd hope so. Well, I think that the law I already quote clear.
                                                ^^^^^^^^^^^^^^^^^^^^^

I meant "is already quite clear".

Got it via credit card access from westlaw. Very interesting. Talks 
about Whelan (SCO's beef), etc. Just 12 bucks. Highly recommended! ;-)

http://creditcard.westlaw.com

> 
> In German law, "derivative work" is called "Bearbeitung" (something
> creative enough to have a copyright on "derivative work") and
> "Umgestaltung" (modifications can't be copyrighted). Compilations
> are "Sammelwerke". It's quite clear that when you "compose" copies
> together (not modifying or even reading the code) the result is a
> compilation, not a derivative work.

regards,
alexander.

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