Re: GPL and command-line libraries

[Anthony DeRobertis <asd@suespammers.org>]

Måns Rullgård wrote:

> Lewis Jardine <lewis@catbox.co.uk> writes:
>
> > What is the correct term for a work that combines two other works,
> > created without creative input?
>
>
> An anthology, or a compilation, I think.

From Title 17, Sec 101:
	A ''collective work'' is a work, such as a periodical
	issue, anthology, or encyclopedia, in which a number of
	contributions, constituting separate and independent
	works in themselves, are assembled into a collective whole.

	A ''compilation'' is a work formed by the collection
	and assembling of preexisting materials or of data
	that are selected, coordinated, or arranged in such a
	way that the resulting work as a whole constitutes an
	original work of authorship. The term ''compilation''
	includes collective works.

I don't think those are the appropriate terms; it would appear that a 
compilation (including collective works) need to be original works of 
authorship. That requires creative input.

If it isn't creative, it isn't a work under copyright law. See, e.g., 
Fesit v. Rural Telephone Service, holdings (a) and (b). 
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=US&vol=499&invol=340

AFAICT, the output of the compiler is treated under copyright law the 
same way the source code would be; I supect the best term we have for 
this situation is "mere aggregation" of two seperate works. IOW, 'ld' in 
this case is performing the same function 'tar' normally would.