Does "modification" include translation to another HLL?

[Kenny Tilton]

Thanks, this and all the other responses makes sense.

My code is actually just yet-another-engineering of the well-explored
area of constraints, and once people see the /functionality/ of my
system I am sure they could reproduce it code unseen. That I would not
mind. But I think there would be enough subtleties to the implementation
that finding similar subtleties in a parallel effort developed after my
code was GPLed could raise eyebrows.

An interesting question to me if not the court would be whether an
alleged infringer could provide a developmental history showing
progressive refinement of their code. I went through about a hundred
versions, and I am changing the system again now. I have backups from
every week over three years of development, and would expect to see
something similar from someone claiming to have hit onthe same
algorithmic nuances independently. I have no doubt someone else could
independently come up with the same algorithms; the problem shapes the
solution, so if we are working on the same problem... again, it just
would be suspect if someone said they hit on the same ideas without a
developmental history demonstrating refinement over time.

thx again for all the input.

kenny
clinisys

John Cowan wrote:
> 
> Rod Dixon wrote:
> 
> > Hence, John's second
> > fact pattern switched from an inquiry concerning authorization to create a
> > derivative work to a question of whether the Perl program was
> > independently created (i.e. original to that author). In my opinion,
> > John's hypo is just as likely to lead to litigation as the one he was
> > responding to since "reading" the program could be circumstantial evidence
> > of copying.
> 
> Yes, of course.  Instead of "read" I should have said "examine".
> If I observe what your program does and write an equivalent program,
> I do not infringe you (unless the ever-irritating DCMA gets into
> the act: it forbids some kinds of reverse engineering).
> 
> --
> Not to perambulate             || John Cowan <jcowan at reutershealth.com>
>     the corridors               || http://www.reutershealth.com
> during the hours of repose     || http://www.ccil.org/~cowan
>     in the boots of ascension.  \\ Sign in Austrian ski-resort hotel
> 
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