*To*: M.K.Edwards@gmail.com*Cc*: debian-legal@lists.debian.org*Subject*: Re: RES: What makes software copyrightable anyway?*From*: Raul Miller <moth.debian@gmail.com>*Date*: Sat, 21 May 2005 00:31:41 -0400*Message-id*: <[🔎] d0461dbe05052021314a6d873e@mail.gmail.com>*Reply-to*: moth@debian.org*In-reply-to*: <[🔎] 625a0e65050520172664d7b88f@mail.gmail.com>*References*: <[🔎] 20050513180935.GF5346@flounder.net> <[🔎] 625a0e65050519141244bee27a@mail.gmail.com> <[🔎] d0461dbe05051915101429cc14@mail.gmail.com> <[🔎] 625a0e6505051916193d1bbab9@mail.gmail.com> <[🔎] d0461dbe0505191810758ac394@mail.gmail.com> <[🔎] 625a0e650505192216259addeb@mail.gmail.com> <[🔎] d0461dbe05052008236145caff@mail.gmail.com> <[🔎] 625a0e65050520123473e18c69@mail.gmail.com> <[🔎] d0461dbe05052013581ddf24f3@mail.gmail.com> <[🔎] 625a0e65050520172664d7b88f@mail.gmail.com>

On 5/20/05, Michael K. Edwards <m.k.edwards@gmail.com> wrote: > As a paraphrase of candidate E, it's erroneous. The grammar, as I > read it, doesn't allow it to be anything else. But a licensee is > certainly welcome to argue for the presence of an ambiguity there if > they have some reason to prefer candidate C. One other observation here: It's entirely possible that a court would not find this phrasing ambiguous. Here's the full text of the definition of "derivative work" from 17 USC 101: A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work". I believe that we've established that for a work to be "not a derivative work" that it's not sufficient to show that it's a collective work. And, some of those possibilities -- elaborations, annotations, adapted, recast, etc. as well as the bit about "based upon one or more preexisting works" all seem to point at the idea that if a computer program as a whole is to be granted special copyright protection beyond that of its individual components that it is a derivative work of those components. And I think we can agree that, at least within the U.S., this definition is a part of copyright law. [On the flip side, if it can be shown in court that there's some criteria under which all programs are free of copyright law, that's probably a good thing for the free software community.] -- Raul

**Follow-Ups**:**Re: RES: What makes software copyrightable anyway?***From:*"Michael K. Edwards" <m.k.edwards@gmail.com>

**References**:**Re: RES: What makes software copyrightable anyway?***From:*Adam McKenna <adam@flounder.net>

**Re: RES: What makes software copyrightable anyway?***From:*"Michael K. Edwards" <m.k.edwards@gmail.com>

**Re: RES: What makes software copyrightable anyway?***From:*Raul Miller <moth.debian@gmail.com>

**Re: RES: What makes software copyrightable anyway?***From:*"Michael K. Edwards" <m.k.edwards@gmail.com>

**Re: RES: What makes software copyrightable anyway?***From:*Raul Miller <moth.debian@gmail.com>

**Re: RES: What makes software copyrightable anyway?***From:*"Michael K. Edwards" <m.k.edwards@gmail.com>

**Re: RES: What makes software copyrightable anyway?***From:*Raul Miller <moth.debian@gmail.com>

**Re: RES: What makes software copyrightable anyway?***From:*"Michael K. Edwards" <m.k.edwards@gmail.com>

**Re: RES: What makes software copyrightable anyway?***From:*Raul Miller <moth.debian@gmail.com>

**Re: RES: What makes software copyrightable anyway?***From:*"Michael K. Edwards" <m.k.edwards@gmail.com>

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