[sf-lug] need advice: GPL licensing question
rick at linuxmafia.com
Thu Sep 13 17:05:00 PDT 2007
Quoting jim stockford (jim at well.com):
> well, my intention was to present the concept that an XML file might
> express an idea with the inference that the XML file might therefore
> be copyrightable.
Um, what makes something copyrightable is it being...
o in fixed form
o existing within one of the statutory eight areas
o creative (having "expressive elements"),
o substantive, and
o not created directly by the Federal government or an agency.
The fact that it "expresses an idea" is neither here nor there: _Any_
creative work expresses an idea, right? (Come to think of it, even
purely functional works do, too.)
 Anything the Federal government or one of its agencies directly
creates gains zero copyright title: Such works pass directly into the
public domain, as if their terms of copyright had expired. However,
nothing prevents a Federal agency from hiring an outside entity to
create something, and then receive the resulting copyright title by
terms of the contract.
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