G
glen herrmannsfeldt
Guest
rickman <gnuarm@gmail.com> wrote:
(snip, someone wrote)
Well, one reason relates to what copyright protects. It protects
the expression of the idea. In both cases, one can make a new expression
and avoid the copyright. In the case of a large software project, that
isn't likely. It would take a very long time to generate a different
expression of linux to get around its copyright.
But in the case of hardware, reasonably often that isn't true.
Consider a PC board as an example hardware. I can redo the layout,
with exactly the same components wired up the same way, but with
completely different placement. IANAL, but I suspect that would get
around any copyright. Seems to me that if you take the netlist and
run it through a different PC board router, that would probably
be enough.
That makes me wonder how hard it would be to write a program that
would generate a new expression of a software idea. Change it in
enough ways to avoid copyright, but such that the function was
guaranteed (as well as software can) to be the same. That is,
no human in the loop to make human errors.
Not quite the same, but the usual way to get around drug patents
is to modify the molecule in some way. Add a methyl group onto
one ond, or hydroxyl on the other. Away from the active site, but
that is usually enough to get around a patent.
You can trademark the name, and often enough that will discourage
any copying. People who like Coke won't necessarily switch to Pepsi,
even if they did believe it was pretty much the same formula.
(Well, Pepsi is doing well enough, but even so, some like Coke more.)
Have you tried suing anyone for illegally copying it?
-- glen
(snip, someone wrote)
As far as the OP is concerned, my only point was that the definition of
"work" is a legal one, and that - in general - attempts to circumvent
the GPL typically imply that the GPL does apply to the whole you're
trying to split up. This is hard enough to work through for software,
adding a hardware element to it makes it much harder.
Ok, this is where we started I believe. You have stated that it is
"hard" to apply GPL to hardware. But I don't follow your reasoning in
that regard. I don't see how it is any different from software. The
fact that it costs more to replicate hardware than it does to replicate
software doesn't seem relevant to me.
Well, one reason relates to what copyright protects. It protects
the expression of the idea. In both cases, one can make a new expression
and avoid the copyright. In the case of a large software project, that
isn't likely. It would take a very long time to generate a different
expression of linux to get around its copyright.
But in the case of hardware, reasonably often that isn't true.
Consider a PC board as an example hardware. I can redo the layout,
with exactly the same components wired up the same way, but with
completely different placement. IANAL, but I suspect that would get
around any copyright. Seems to me that if you take the netlist and
run it through a different PC board router, that would probably
be enough.
That makes me wonder how hard it would be to write a program that
would generate a new expression of a software idea. Change it in
enough ways to avoid copyright, but such that the function was
guaranteed (as well as software can) to be the same. That is,
no human in the loop to make human errors.
Not quite the same, but the usual way to get around drug patents
is to modify the molecule in some way. Add a methyl group onto
one ond, or hydroxyl on the other. Away from the active site, but
that is usually enough to get around a patent.
You can trademark the name, and often enough that will discourage
any copying. People who like Coke won't necessarily switch to Pepsi,
even if they did believe it was pretty much the same formula.
(Well, Pepsi is doing well enough, but even so, some like Coke more.)
I don't see any reason why "applying a copyright license to physical
hardware is both legally and philosophically difficult." It is done all
the time. All of my products are copyrighted hardware. A recipient of
GPLed hardware has the same rights as a recipient of a GPLed binary with
the same level of effort required to enforce the GPL on those products.
Have you tried suing anyone for illegally copying it?
-- glen