Re: The worst that can happen to GPLed code

[Stefaan A Eeckels]

On Fri, 18 Jun 2004 18:22:35 +0200
Alexander Terekhov <terekhov@web.de> wrote:

> 
> Stefaan A Eeckels wrote:
> [...]
> > If your brother puts up a compiled version,
> 
> :-) This is fun.

Not really, as his doing so would imply a copy,
but he could comply with the GPL and put up the
source as well. This would allow you to argue that
you have a lawfull copy of the object file, and
apply first sale to it. Not that it would help you.

> > it would still be copied into the executable, 
> 
> You seem to think that temporary copying (caching, etc.) made in the 
> course of authorized downloading makes the final fixation (on a 
> palpable medium like diskette, to keep you happy) of downloaded work 
> as part of the executable (or some archive for that matter) unlawful. 
> 
Not at all, I have no problem with the downloading.
It's the compilation. Let's get graphical so you
cotton on:

[brother.c]-compiler->[brother.o]-linker->[[a.o][brother.o][c.o]
[--source-]           [--object-]         [----executable------]

Even if brother.c is a lawfull copy, in order to 
get it into the executable, it needs to be transformed
into an object file. This object file is either a copy
or a derivative work, depending on how one considers
the compilation process. Then, in order to make an
executable, you'll need to copy the object into the
executable, which is again a copy.

This has nothing to do with the browser. It's not the
temporary copying that's the problem (though it might,
would it come to a court case), but the fact that to
go from the copy that's covered by first sale to the
thing you want to distribute, you will have to make 
a copy, and it's not intermediary at all, because you
cannot distribute the original file you downloaded.
The executable contains a copy of that file. 

Stop grasping at straws, you're looking more and
more trollish by the minute. And you really don't
know much about computers, do you?

-- 
Stefaan
-- 
"What is stated clearly conceives easily."  -- Inspired sales droid