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The Point, in case it's lost on the reader. | 439 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The Point, in case it's lost on the reader.
Authored by: Wol on Tuesday, May 15 2012 @ 07:47 PM EDT
So, you think that copying Microsoft Windows CDs (or any other executable
program) should be perfectly okay?

Because as I read your argument, running a compiler over the source should strip
away any copyright protection (like the GPL for instance?). Basically, I could
take any GPL program, compile then decompile, and I could then copy it with
impunity?

Cheers,
Wol

[ Reply to This | Parent | # ]

Compiling source to object is like turning sheet music into actual music
Authored by: Anonymous on Sunday, May 20 2012 @ 06:04 AM EDT

The actual music resulting from playing (perhaps by machine) exactly what the sheet music says to play, will strip away some artistic features of the sheet music, such as margin commentary, illustrations, dedications to loved ones, the exact markup about what to emphasize, while adding new artifacts such as the pecularities of the performers voice or instrument.

Such a performance (whether done on stage or recorded for publication) is still a derivative subject to the original copyright in the sheet music. Which is why officially printed sheet music for still-in-copyright songs carries a premium price similar to source code access to commercial software libraries (unless included as a bonus with the CD, which is also common in both realms).

This is also the origin of the real "Sequence, Structure and Organization" courtroom test for software copyright infringement. It is a legal test that strips away all the stuff that would be thrown away by a good optimizing compiler, figures out what of the remains is original and creative coding, and then applies this even to someone who has run it through any number of compilations, decompilations, obfuscations etc.

[ Reply to This | Parent | # ]

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