Re: PathSearchAndQualify patch not applied?

On Sun, 18 Jul 2004, Bryan Kadzban wrote:

> IANAL, but this is my understanding:
> 
> Nadav Frum wrote:
> > The ultimate goal for Cedega is full compatibility with Windows (as
> > far as games are concerned).Therefore, if there is a compatibility
> > problem with the code no one should be able to stop TG from fixing it
> > by exercising copyrights.
> 
> That sounds all well and good, but it's *not* how I understand copyright
> law to work (at least in the U.S.).
> 
> Copyright means you have the right to decide who is allowed to make
> copies of your work, and under what circumstances.If a person does not
> want TG to make copies of that person's work (their patch) when
> distributing Cedega, then that is that person's right, and TG cannot use
> their patch.
> 
> > If someone advertises a brilliant patch or idea which can benefit
> > Cedega, I believe TG can use it without copyright problems since you
> > cannot be forced to use an inferior solution in your code.
> 
> Then you believe incorrectly -- and your "since" clause is the issue.
> In U.S. copyright law, there is no such provision, and I highly doubt
> that there is one in any other country's copyright law either.You
> *can* be forced to use an inferior solution, if you can't come up with
> an independent implementation that's not considered a derivative work.
> (There are also possible patents on algorithms to be worried about in
> some cases, though probably not here.)
> 
> I think the reason TG wants X11 licensed patches is because of the many
> different licenses that apply to different parts of the Cedega CVStree.
> Without an X11 license on the patch, it probably can't legally be used
> in connection with all of those licenses (and without any license at
> all, it can't be used at all unless the copyright on the patch is
> assigned to TG).

I am for copyrights and would not consider abusing them or encourage 
others to do so.

However, not everything that one produces is copyrightable.  A fix for a 
bug or an implementation for a stub in somebody else's code is not
copyrightable.  Algorithms may be patented but the idea behind them should be
represented in isolation and not in a patch.  And if you advertise any idea
before starting the patenting process you lose all patenting rights to that 
idea.  Patent laws are separate from copyright laws.

Nadav Frum
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