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Re: [Gcl-devel] Odd idea...


From: C Y
Subject: Re: [Gcl-devel] Odd idea...
Date: Wed, 26 Oct 2005 12:31:55 -0700 (PDT)

--- address@hidden wrote:

> 
> If the protection on the spec is copyright, there shouldn't be
> any problem for implementations.

I'm assuming that's the case, but I'm just curious about distinguishing
between spec and code.
 
>   "Ideas, Methods, or Systems are not subject to copyright
>   protection. Copyright protection, therefore, is not available 
>   for: ideas or procedures for doing, making, or building things; 

Isn't that exactly what any specification is though - a procedure for
making and building a language?

I don't mean to ruffle feathers - I'm just curious legalistically how
the distinction is made.

> scientific or technical methods or discoveries; business operations
> or procedures;
>   mathematical principles; formulas, algorithms; or any other
> concept, process, or method of operation.
>
>   Section 102 of the copyright law, title 17, United States Code,
>   clearly expresses this principle: “In no case does copyright
>   protection for an original work of authorship extend to any idea,
>   procedure, process, system, method of operation, concept,
>   principle, or discovery, regardless of the form in which
>   it is described, explained, illustrated, or embodied in such
>   work.”
> 
> http://www.copyright.gov/circs/circ31.html

Right, but since the spec document IS in a sense a "procedure" or
"method of operation" I'm not sure quite what the distinction is.  For
example, if you take a book and translate it into another language,
IIRC that is a derivative work and requires permission from the
original copyright holder.  Couldn't an ANSI Common Lisp implementation
essentially be viewed as a translation of the spec from English to C or
some other programming language?

> I don't agree BTW that an implementation is an instance of the spec.

I suppose.  I'm just curious how one legally distinguishes between
conversion of information expressed in a specification document to
information expressed as code and documentation and translation from
(say) English to Spanish, the latter of which most definitely falls
under prohibited activities due to copyright protection.

Just curious.  Anyway, more to the point would be how to get the status
of the ANSI draft standard clarified.

Cheers,
CY


        
                
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