ESR: "We Don't Need the GPL Anymore"

Rick Moen rick@linuxmafia.com
Wed, 13 Jul 2005 08:54:16 -0700


Quoting Michael K. Edwards (m.k.edwards@gmail.com):

> Professor Moglen is not in the habit of citing actual historical law
> in support of his position, which I find particularly reprehensible
> given that he holds a chair in the history of law.

But of course, he does; it's the copyright statute.

Anyhow, I now perceive that you are one of those "everything must be a
contract" guys, whom I don't spend time arguing with such, regardless of
how "confident" you declare yourself.

> The term "derivative work" is quite well defined in both 17 USC and
> the Berne Convention, and US case law is also quite clear on the
> matter.

"Well defined":  Ah, that's very amusing.  In the software context, the
term in law is quite notorious for its shortage of clarity.

Good luck with the monograph, anyway.