Convert GPL to MPL
Alexander Terekhov
alexander.terekhov at gmail.com
Sat Jan 19 14:50:24 UTC 2008
On Jan 19, 2008 12:53 PM, Arnoud Engelfriet <arnoud at engelfriet.net> wrote:
[...]
> What things can I not do with my copyright on this translation that
> I could do with a copyright on a fully original work?
You surely can't successfully sue a la Formgen.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=9th&navby=case&no=9656426
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Micro Star further argues that the MAP files are not
derivative works because they do not, in fact, incorporate any
of D/N-3D's protected expression. In particular, Micro Star
makes much of the fact that the N/I MAP files reference the
source art library, but do not actually contain any art files
themselves. Therefore, it claims, nothing of D/N-3D's is
reproduced in the MAP files. In making this argument, Micro
Star misconstrues the protected work. The work that Micro
Star infringes is the D/N-3D story itself--a beefy commando
type named Duke who wanders around post-Apocalypse Los
Angeles, shooting Pig Cops with a gun, lobbing hand gre-
nades, searching for medkits and steroids, using a jetpack to
leap over obstacles, blowing up gas tanks, avoiding radioac-
tive slime. A copyright owner holds the right to create
sequels, see Trust Co. Bank v. MGM/UA Entertainment Co.,
772 F.2d 740 (11th Cir. 1985), and the stories told in the N/I
MAP files are surely sequels, telling new (though somewhat
repetitive) tales of Duke's fabulous adventures. A book about
Duke Nukem would infringe for the same reason, even if it
contained no pictures.
------
:-)
regards,
alexander.
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