Re: Compatibility between CC licenses and the GPL

["Michael K. Edwards" <m.k.edwards@gmail.com>]

On 10 Jan 2005 00:55:53 GMT, MJ Ray <mjr@dsl.pipex.com> wrote:
> Much documentation is derived mainly from the comments in the code.
> In a few cases, there are actually comments in the code which are
> written deliberately to serve as the basis for documentation. Does
> the above argument about lacking in creative expression really
> apply? Looks like a massive lawyerbomb waiting to explode...

I wouldn't think that comments would be considered "functional".
Systematic use of the comments from a piece of copyright code would
probably (IANAL) be infringement, but occasional overlap between the
way a comment phrases something (e. g., a sample calling convention)
and the way a separate document does probably falls under a "de
minimis" defense -- especially if one can demonstrate that essentially
any document describing the same functional spec would have to follow
a similar flow to get the job done.

Cheers,
- Michael