From mboxrd@z Thu Jan  1 00:00:00 1970
X-Spam-Checker-Version: SpamAssassin 3.4.4 (2020-01-24) on polar.synack.me
X-Spam-Level: *
X-Spam-Status: No, score=1.4 required=5.0 tests=BAYES_50,INVALID_MSGID
	autolearn=no autolearn_force=no version=3.4.4
X-Google-Language: ENGLISH,ASCII-7-bit
X-Google-Thread: 103376,faf964ea4531e6af
X-Google-Attributes: gid103376,public
X-Google-Thread: 1025b4,43ae7f61992b3213
X-Google-Attributes: gid1025b4,public
From: hughett@chaplin.med.upenn.edu (Paul Hughett)
Subject: Re: GPL and "free" software
Date: 1999/04/30
Message-ID: <7gce89$94q$2@netnews.upenn.edu>#1/1
X-Deja-AN: 472695605
Distribution: world
References: <7fibd5$jc7$1@news2.tor.accglobal.net>
 <7g7tlc$j5g$1@jetsam.uits.indiana.edu> <7g8fid$c7c$1@nnrp1.dejanews.com>
 <7g8ip8$skl@www.inetnow.net> <_91W2.175$jw4.18662@burlma1-snr2>
Followup-To: comp.lang.ada,gnu.misc.discuss
Organization: University of Pennsylvania
Newsgroups: comp.lang.ada,gnu.misc.discuss
Date: 1999-04-30T00:00:00+00:00
List-Id: <comp.lang.ada>

Barry Margolin (barmar@bbnplanet.com) wrote:

: My take on this is that distributing a work and a program that can
: transform that work is equivalent to distributing the derived work that
: results from running the program, since the end result is the same -- the
: end user has a copy of that derived work.  While it may not violate the
: letter of the copyright laws, it certainly violates the spirit.  Why should
: it matter whether the patch is applied before or after distributing?

: The only thing I can think of that's like this that has been tested in
: court is some device that was designed to hook into a video game player and
: enhance/alter the games.  I think the game designer lost their suit against
: the vendor of this device, but I don't know whether the issues are directly
: applicable (I don't recall if they were suing based on copyright, patent,
: or whatever).

The case is Lewis Galoob Toys, Inc. v. Nintendo of America, Inc.  The
Ninth Circuit Court of Appeals upheld the claim that Galoob's
enhancement device did not infringe on Nintendo's game.

Paul Hughett