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Date:      05 Jan 2003 13:54:17 -0800
From:      swear@attbi.com (Gary W. Swearingen)
To:        Brett Glass <brett@lariat.org>
Cc:        Terry Lambert <tlambert2@mindspring.com>, "Gary W. Swearingen" <swear@attbi.com>, Mike Jeays <mj001@rogers.com>, chat@FreeBSD.ORG
Subject:   Re: Bystander shot by a spam filter.
Message-ID:  <dj7kdjmfee.kdj@localhost.localdomain>
In-Reply-To: <4.3.2.7.2.20030105133110.029406f0@localhost>
References:  <4.3.2.7.2.20030104193110.0285a570@localhost> <4.3.2.7.2.20030104145840.02925620@localhost> <4.3.2.7.2.20030104131212.03837e10@localhost> <3E120659.3D60EB30@mindspring.com> <200212312041.gBVKfr183480@hokkshideh2.jetcafe.org> <3E120659.3D60EB30@mindspring.com> <4.3.2.7.2.20030104112015.026a5530@localhost> <4.3.2.7.2.20030104131212.03837e10@localhost> <4.3.2.7.2.20030104145840.02925620@localhost> <4.3.2.7.2.20030104193110.0285a570@localhost> <4.3.2.7.2.20030105121306.02936b00@localhost> <4.3.2.7.2.20030105130229.029271d0@localhost> <4.3.2.7.2.20030105133110.029406f0@localhost>

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Brett Glass <brett@lariat.org> writes:

> [snip] Remember, so
> much at looking at GPLed code can prompt accusations that anything
> similar you later write is derivative and hence must be GPLed.

I seem to remember someone making a good case that the mere public
availability of the source makes makes those accusations possible and
that they have some merit (which would make lawyers happy if there were
more people to threaten and be threatened).  You must convince someone
that you haven't seen the source and that can be tough.

I hope that courts will (or maybe already have) make some more (and
narrower) law related to software derivation.  But they've already
started off wrong in that the copyright statute says it don't protect
ideas, just expressions of ideas, but the courts have already expanded
it to cover things like "architecture" in source code, etc.  (Not
"architectural works" (eg, drawings) which the statue includes, but
"architecture"; i.e., design and ideas, things which should be the
subject only of patent law, if anything.

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