Viral licenses (was: wxWindows library...)

jacobus.vosloo at daimlerchrysler.com jacobus.vosloo at daimlerchrysler.com
Tue Dec 16 10:10:54 UTC 2003





Alexander wrote
> John Cowan wrote:
> [...]
> > computer scientist (HINAL)
>
> http://www.digital-law-online.com/lpdi1.0/treatise2.html
>
> [...]
> > Added material is not itself a derivative work of the GPL'd
> > thing, obviously.  A binary, however, which combines them into
> > a single object, probably is.
>
> I don't think so. I think that source code and the object code
> are just different forms of the same copyrighted work. I think
> that neither static nor dynamic linking constitutes creation of
> derivative work. Finally, I personally think that all those FSF
> myths ("incompatible licenses", etc.) are laughable and won't
> stand in court.

The definitions and philosophy behind software copyright is fundamentally
flawed, simply trying to define the basic terminology causes a problem.  To
show this, following is some definitions that are still correct, but
opposing to some of the commonly accepted terminology.

"Binary code": Everything stored on a computer system. Since binary
computers, CAN ONLY contain binary code.

"Human readable code": Any binary code, displayed to a human such that the
human can read that code. i.e. C++, VB, perl, IL, x86asm.

"Executable code": Code that can be executed by a computer, i.e. VB, perl,
IL, x86asm, etc.

"Computer program": An aggregation of binary code that will perform a
specific function when executed by a computer.

"Derivative program":  A computer program with binary code fundamentally
similar to an existing program

"Translating": Converting binary code from one form into another, while
still preserving the functionality of the binary code. This includes
"Compiling" and "Interpreting".

"Source code": The binary code that was originally used to create the
computer program. This should also be the preferred method of making
modifications to the program.

Computer programs should not be treaded any differently from normal
copyrightable works.
If one can copyright a poem that is a mere aggregation of alphabetical
letters, then one can copyright a program that is a mere aggregation of
binary code.

Exception:
The simple act of executing binary code, involves some form of code
"translation".  Therefore, the right to "translate" a program has to be
given to anyone that will be executing the code.

Jaco Vosloo
Application Integrator for .Net
Furyx - South Africa
Email: jpvosloo at webmail.co.za
Tel: +27 43 706 2477
Fax: +27 43 706 2612
Cell: +27 83 361 3203

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