On Sun, 30 Dec 2007 14:12:00 +0100 Arnoud Engelfriet wrote: > Ben Finney wrote: > > Arnoud Engelfriet <arnoud@engelfriet.net> writes: > > > One case where this could become problematic is when permission is > > > granted to create derivative works. If the derivative work can be > > > distributed in binary-only form, then the copyright notices in the > > > source code become irrelevant. > > > > I'm not sure how copyright law treats this in general. Is it the > > case that a binary form, compiled from a copyrighted source form of > > a work, is a "derived work", or is it the original copyrighted work > > itself? > > I'd argue it is a translation and therefore a derivative work. I was under the impression that a "mechanical" (i.e.: automated, without any new creative input from the compiler user) translation didn't create a derivative work, just a different form of the same work. Compare with photocopying a piece of paper. By contrast, when I manually translate a work (from a programming or natural language into another one), I create a derivative. Of course, the compiler may introduce some copyrighted material (runtime support and the like) into the binary. In that case, the binary would be a derivative of the source code and of the added material... Was I under a wrong impression? > > The case becomes a little more clear when the source code is edited This is clearcut: I would say that a derivative is formed, as long as the editing adds enough creativity. Is that right? > and/or additional pieces of software are linked into the binary. Let's not get started on the FSF's legal theory of linking: this belongs in a separate thread, if you are willing to discuss its merits. My usual disclaimers: IANAL, TINLA, IANADD, TINASOTODP. -- http://frx.netsons.org/doc/nanodocs/testing_workstation_install.html Need to read a Debian testing installation walk-through? ..................................................... Francesco Poli . GnuPG key fpr == C979 F34B 27CE 5CD8 DC12 31B5 78F4 279B DD6D FCF4
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