Put it in laymen's terms

[Nate]

On Sat, Jul 31, 1999 at 01:05:37PM -0400, Forrest J. Cavalier III wrote:
>   Some of the actions in such a sequence are requesting actions by
>   other software.  Making this request is termed a "function
>   call", or "subroutine call."  It is termed a "system call" when
>   the software being called is part of the operating system.

Okay.

>   In layman's terms a "function" can be defined as "software that
>   is intended to be called by other software."

Okay.

>   A "library" is a collection of functions.

Okay.

> The way computer programs are generally written is that there are many
> functions in an application, and these functions call other
> functions. This is how programs have been written since very
> early in computers, going back at least 50 years, and even
> earlier depending on how you view things....Organizing software this
> way has many advantages, especially in how computer programmers
> cooperate to make really large complicated systems.

This is why use of a function in another's code makes the other's work
derivative.  I see this now.

> An operating system (I won't provide a definition) provides functions
> that are designed to be called by the programs that run on the 
> operating system.  For example, a word processor
> makes calls to system functions ("system calls") in order to read
> and write a disk drive.  The word processor doesn't itself know
> how to read and write the disk drive, it just knows how to ask
> ("call") the operating system to do it.

Okay, calling a system function in the operating systems does not
use code from the operating system but merely asks the OS to perform
a task.  This does not alter the source code or use any portion of the 
source code, so there is no derivative (assuming the definition of 
derivative does not include a hard drive containing software but is
limited to an individual software item).  
 
> Does that help you to understand?

Yes.  Very helpful.  Thank you.

> Physically, "installing software," means taking a copyrighted
> work, and copying it onto your disk drive.  This makes your
> disk drive a derived work, by some definitions.

Interesting. Are you aware of any court cases that discuss this meaning
of derivative?

> When you load that program into memory, there is an operating
> system, and probably other copyrighted programs running at the
> same time. That makes the computer's memory a derived work of
> all of them, by some definitions.

Yes, this is murky.  One thing to note in copyright law is the distinction
between a derivative work and a compilation.  A definition of 'copy' is
helpful as well.  These are not synonymous terms
under the Copyright Act.  

From the Act: Section 101 of the 1976 Copyright Act:

A 'compilation' is a work formed by the collection and assembling of 
preexisting materials or of data that are selected, coordinated, or 
arranged in such a way that the resulting work as a whole constitutes an
original work of authorship.  The term 'compilation' includes collective
works.

'Copies' are material objects, other than phonorecords, in which
a work is fixed by any method now known or later developed, and from
which the work can be perceived, reproduced, or otherwise communicated,
either directly or with the aid of a machine or device. The term
'copies' includes the material object, other than a phonorecord, in
which the work is first fixed.

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, abridgement,
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.'

> Programmers don't generally think about what happens on a physical 
> level (memory, disk, etc.) they think about what happens in terms of
> program organization and interrelated function calls.  This means
> that there are at least two views of the reality of derived works of
> software.

According to your earlier statements, I think adding software to one's
hardship is a compilation and not a derivative work.  The compilation
itself is subject to copyright protections as an original work of 
authorship.  Inserting a work into a compilation does not modify the
work, and thus does not create a derivative work.

> Copyright law is supposed to protect the rights of authors, but even
> authors do not agree what those rights are, and what activities of
> others should be restricted.

Copyright protects original works of authorship.

-- 
NatePuri ("natedawg") 
Certified Law Student
McGeorge School of Law
Sacramento, CA	
publisher at ompages.com 
n8fs0n at softcom.net
http://www.ompages.com
PGP: http://www.ompages.com/PGP.html
UIN: 43504034 
IRC: ompages.com #ompages
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 464 bytes
Desc: not available
URL: <http://lists.opensource.org/pipermail/license-discuss_lists.opensource.org/attachments/19990731/5a3d220c/attachment.sig>