Is software copyright similar to books copyright?

[EdiieLives]

I was reading some stuff in the free software fundation site, and they were saying that software shouldn´t have owners because it´s not the same as a material object, where it´s a lot harder to copy, but in a computer to copy information it´s easy.

I suddently made a relation between code and digital books for example. If digital books are easy to copy too, would this way of thinking apply to digital books copyright?

Oh and here (http://www.fsf.org/philosophy/why-free.html) is where I read the stuff.

[JohnT]

If we applied the theory of the Free Software Foundation to say...."War and Peace" that would mean that you or I could change any part of the book we wanted and then turn it to print. If this were possible, can you imagine the original content and what it would have become ..today. Nothing as intended by the author. Good or bad?

[EdiieLives]

I don´t know why but I always find myself thinking about the implications of the philosophy of free software..

I don´t know if it´s good or bad. I keep thinking of changing the world to another that is better, than the one we live in, and free software would have to exist in great percent in order to acomplish it.. however I guess things should be like the BSD license, it´s free but you can´t claim you did it.

[rocketpcguy]

another thing, if i have one line in my code that matches a GPL app, can they say i copied it and force me to GPL it?

[Parcival]

Yes, a software copyright is the same as a books' copyright. Consider this:

Let's pretend you're writing a book about the zoology of penguins. Your book is automatically protected by copyright as soon as you start to write it. The copyright protects you from somebody stealing parts of your book and publish it under their own name. However, the copyright doesn't make you the only one being allowed to write penguin books - anyone who wants to write one may still do so, even if the new book resembles yours to a high degree, but doesn't literally match your piece of art.

The same goes for computersoftware. You are free to write your own mail-client, but you're not allowed to copy the code of Outlook Express and put it into your program. However, you may write a mailclient that looks almost like OE and be fine as long as you don't copy MS code.
This is also the reason why SCO has such a hard time proving that Linus Thorvalds did something illegal. Taking him to court because Linux looks and feels like Unix won't get them any victories; they have to prove that Linus copied and moved Unix code into Linux - and obviously they are not very successful at doing so as Linus obviously wrote everything from scratch.

[bwkaz]

Originally posted by Parcival
and obviously they are not very successful at doing so as Linus obviously wrote everything from scratch. You know that, and I know that. Apparently Ken Brown (AdTI) can't get it through his thick skull... :rolleyes:

[shadov]

Originally posted by rocketpcguy
another thing, if i have one line in my code that matches a GPL app, can they say i copied it and force me to GPL it?
If you use copyrighted material, you need permission from the copyright holder. With GPL you have the permission as long as you follow the licence. If you don't follow GPL, then you commit a copyright infringement.

IANAL, but as a programmer I don't think anyone will sue you over one line.

[rocketpcguy]

I don't think anyone will sue you over one line

but can they legally sue me? (if it's not GPL)

[Parcival]

Originally posted by rocketpcguy
but can they legally sue me? (if it's not GPL)

Yes, of course they can. However, I think your question only works in theory:

a) closed source programs are being distributed as binaries, so how would you be able to get closed code in first place?

b) if you copied GPL code and refused to put the product under the GPL again, nobody would probably notice since you'd be distributing your app as a binary, too.

c) I don't think you'll ever get into the situation where you copy just one single line of code when you intend to copy something; it will always be blocks of code. However, blocks of code will more easily turn you in.

d) finally, the question wether they can sue you or not doesn't reallymatter since somebody who has understood the idea behind OSS doesn't move open source to closed source no matter if there are legal threats ot not.

[rocketpcguy]

thanks. but if my code matches some other commercial or GPL code by coincidence?
the binary argument makes sense, but sometimes the code leaks (like half-life 2, windows 2000).

[Parcival]

I don't think you need to worry about coincidal code matches; programming at the university for classes we usually had very tight assignments but there still zillions of ways to code the solution. :D