What Google's actually doing
Posted Mar 21, 2011 9:52 UTC (Mon) by jthill
In reply to: What Google's actually doing
Parent article: Has Bionic stepped over the GPL line?
I think if you chase my link you'll find that wasn't the only grounds cited there, either, and as you say dissecting all the gory details could go on forever -- leading to the desperately-sought but false appearance of new scary possibilities.
the unprotectable elements of ideas, processes, facts, public domain, information, merger material, scènes à faire, and other unprotectable elements suggested by the particular facts of the program under examination.
That's what you have to remove from the allegedly infringing and allegedly infringed works before comparing the two for "substantial similarity".
Also, you seem to be conflating issues
I think if you reread what I wrote you'll see that the appearance was due to your own confusion, not mine. For one instance:
But to think that *every* structure, *every* [...] collection of such things, is not copyrightable
I don't think that. I think that what little remains, after you've stripped the headers of facts and information along with everything else, will be such an insignificant part of the linux kernel, of the ... ummm ... 12.7million-line "body of copyrightable code" they describe, that any attempt to claim substantial similarity to the whole shouldn't even merit laughter.
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