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Re: GPL, yet again. (The kernel is a lot like a shared library)

On 9/16/05, Humberto Massa Guimarães <humberto.massa@almg.gov.br> wrote:
> 1. the GPL can only restrict the distributions of an original work or
> its derivatives;

Modulo "first sale" (which is nonexistent in the GNU Republic).

> and
> 2. the only way to determine if a work is a derivative work of another
> is going thru the abstraction/filtration/comparison process.

(IV. Applying The AFC Test) 


Elements are filtered out of consideration on the basis of broad 
criteria, including: 

- The element's expression was dictated by reasons of efficiency, 
such as when it is the best way of performing a particular function. 

- The element's expression was dictated by external factors, such as 
using an existing file format or interoperating with another program. 

- The element's expression is a conventional way of writing something 
in the particular programming language or machine running the program. 

- The element, at the particular level of abstraction, is an 
unprotectable process and not protectable expression. 

- The element is taken from the public domain or is an unprotectable 

Any protection for elements dictated by efficiency or external 
factors or processes must come from patents or trade secrets, if at 
all, and not from copyright. 


See also

(The Case against Copyright Protection of Non-literal 
 Elements of Computer Software) 


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