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<P>In the U.S. at least, building a house from a blueprint is creating a copy of an architectural work - see the definition of an "architectural work" in s. 101 of the U.S. Copyright Act and other limitations in s. 120. If someone builds an unauthorized exact or substantially similar copy (i.e. a building according to the architectural work), it may be infringement (assuming access to the architectural work). The owner of an architectural work has the exclusive right to prepare derivative works (which of course can be licensed). As to the customs and conventions in the industry defining actual and implied licensing and ownership....that's the story of extensive litigation (including numerous disputes between architects, home owners and builders).<BR><BR></P></DIV>
<DIV></DIV>
<DIV></DIV>>From: John Cowan<JCOWAN@REUTERSHEALTH.COM>
<DIV></DIV>>To: Brian Behlendorf<BRIAN@COLLAB.NET>
<DIV></DIV>>CC: "Lawrence E. Rosen"<LROSEN@ROSENLAW.COM> , license-discuss@opensource.org
<DIV></DIV>>Subject: Re: namespace protection compatible with the OSD?
<DIV></DIV>>Date: Thu, 19 Apr 2001 16:38:31 -0400
<DIV></DIV>>
<DIV></DIV>>Brian Behlendorf wrote:
<DIV></DIV>>
<DIV></DIV>>
<DIV></DIV>>>Would you agree that if I took one of Shakespeare's plays and
<DIV></DIV>>>reworked it
<DIV></DIV>>>into a screenplay, or novel, that my work would be a derivative
<DIV></DIV>>>work?
<DIV></DIV>>>Throw in translating to Chinese for good measure. Throw in adding
<DIV></DIV>>>some
<DIV></DIV>>>extra scenes and characters to really flesh out my work, or to
<DIV></DIV>>>adapt it to
<DIV></DIV>>>a new culture.
<DIV></DIV>>
<DIV></DIV>>All of those things are making a derivative work, clearly.
<DIV></DIV>>
<DIV></DIV>>>I think the idea of implementing an API is the same thing.
<DIV></DIV>>>And I think this is a much closer analogy than using the tax advice
<DIV></DIV>>>given
<DIV></DIV>>>by a tax book.
<DIV></DIV>>
<DIV></DIV>>The closest analogy is building a house from a blueprint. The house
<DIV></DIV>>isn't a derivative work of the blueprint, or architects wouldn't
<DIV></DIV>>need
<DIV></DIV>>to get paid for drawing them -- they could sue the contractor for
<DIV></DIV>>infringement.
<DIV></DIV>>
<DIV></DIV>>>I am not a lawyer, but I'm getting uncomfortably familiar with too
<DIV></DIV>>>many
<DIV></DIV>>>things usually only lawyers have to worry about.
<DIV></DIV>>
<DIV></DIV>>Tell it, brother!
<DIV></DIV>>
<DIV></DIV>>--
<DIV></DIV>>There is / one art || John Cowan
<DIV></DIV>><JCOWAN@REUTERSHEALTH.COM>
<DIV></DIV>>no more / no less || http://www.reutershealth.com
<DIV></DIV>>to do / all things || http://www.ccil.org/~cowan
<DIV></DIV>>with art- / lessness \\ -- Piet Hein
<DIV></DIV>>
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