Re: RES: Where to put Open Transport Tycoon (openttd)
On 5/19/05, Raul Miller <moth.debian@gmail.com> wrote:
> On 5/19/05, Michael K. Edwards <m.k.edwards@gmail.com> wrote:
> > You appear to labor under a common misconception about legal
> > precedents -- namely, that it is their outcome that matters rather
> > than the reasoning that they contain.
>
> Actually, I made the (perhaps false) assumption that you had
> quoted the relevant part of the decision. I was only commenting
> on the text you had quoted.
Did you notice the set of quote maks around "invalid and unenforceable
because it has failed to obtain compulsory or consensual licenses from
the copyright owners of the underlying musical compositions"? I put
them there because that's another excerpt from the decision.
> Anyways, I've never advocated relying on the circulars
> in place of the copyright act. I was just thinking that
> the circulars explained some reasoning about the copyright
> act that you seemed to be having difficulty with. This is
> the "derivative and collective works are disjoint" idea which
> you seem to have even though it's not supported by law.
Still working on your proof by repeated assertion, are you?
Collective works are not derivative works under copyright law, as I,
Humberto, and Batist have proven to our own and each other's
satisfaction, and the apparent satisfaction of all other active
participants in this discussion, under the Berne Convention and under
three otherwise widely divergent national implementations. The fact
that you cannot distinguish between a set containing the element X and
a set containing a collective work that incorporates X is not my
problem.
> I've not yet read the case summary to determine see what
> it says about the literal copying issue.
You should not have any difficulty in establishing the correctness of
"no literal copying has taken place" with regard to the Palladium
opinion by applying your eyeballs to it for ninety seconds or so,
especially if you use a browser that can find the words "preexisting
sounds" in its text.
Cheers,
- Michael
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