On 5/22/21 4:35 PM, Manhong Dai via aur-general wrote:
I fully agree with that the copyright holder doesn't have any ground if he is complaining about that the package maintainer shouldn't modify it.
But if he is complaining about how the patch file should be distributed, I think he does have a ground to sue, as a patch file constitutes a modified source code and then subjects to many limitation of GPL. For example, does the package maintainer carry an 'appropriate copyright notice' as in
https://www.gnu.org/licenses/gpl-faq.en.html#IWantCredit
Unfortunately, I don't know if there is any cases about the patch files. This will be interesting!
Not to mention that the copyright holder already complained in this particular case, and the package maintainer did use a patch file, which always includes the original source code. Upside is it seems the package maintainer already fixed it. In the former case the noisetorch copyright owner didn't state "I want credit" for the patch hunk containing copyrighted lines. So there is no
Who is this about? The noisetorch software, or the sge software? And what even is this??? point in arguing about whether or not distributing a patch file is fair use of the copyrighted code, or counts as obviously crediting the owner "because anyone capable of reading a patch also realizes that the copyright can be referenced by looking at the source code it is downloaded alongside". Because... the author didn't demand credit. If this is about sge, then first off I don't understand why you're replying to the noisetorch thread. Second, my understanding is you, the purported copyright holder, do not in fact own the *original source code* for sge copyright, it is dave.love's modifications to Sun's original IP. The question of whether you can claim copyright violation over a copy of 3 lines of the *original* source code in the diff hunk not having a copyright header, is irrelevant again, because dave.love didn't complain about the sge copyright. So... we're back to the question I mentioned in my first response, "do the changes, not the *original* source code, constitute a creative work eligible for copyright"? I humbly submit to the court of public opinion that, though I did not actually look at your patches to find out, I'm of the opinion that they must not be a creative work eligible for copyright. Because. If you *thought* it was a creative work eligible for copyright? You would not be WASTING EVERYONE'S TIME discussing inanities like whether or not someone's copyright is being violated if as a side effect of the "patch" technology some fragments of source code you don't own are being distributed! I completely, utterly, 100% do not care in any way shape or form what you think about the general idea of patch files not containing copyright headers for the original source code which they are modifying (larger than the rest of the file, even). It's probably covered by fair use. To be certain, I don't think I've ever once seen anyone put copyright headers on patch files in order to advertise the license of half-baked fragments of context diffs worth of the original project's pre-modification source code. You do NOT have the right to declare for other people whether other people believe their copyright is being violated. If, for software which you own the copyright to, you demand people include your copyright text any time they reuse your code by including it in the surrounding context of a patch file, then it's not worth my time to litigate with you, whether it is fair use or whatnot. I'll include an insultingly rude preamble e.g. "The author of the original source code which this patch modifies, is a butthead that insisted I include full copyright notices for 3 lines of diff context used under fair use to tell the patch program how to apply my changes. This is patently nonsense and the author is clearly just trying to stir up trouble. The software is of course licensed under the license in the linked archive of, you know, actual code -- to which this patch of mine must be applied in order to be used. Since I cannot be bothered to argue this drivel, here are 674 lines worth of your free copy of the GPL, after which you can find 6 lines of above-licensed code, surrounding one line which is copyrighted by me and licensed under the terms of the shut-the-heck-up-this-is-copyright-the-upstream-project-license-already. I hope you enjoy reading through all that GPL before finding this tiny patch. Don't worry! You can read it again once you download the original project code too. P.S. This is why we can't have nice things." Because the GPL only tells me how I may use the code, it doesn't forbid me from calling you a butthead on the side. All this is, of course, if we are actually talking about a project you produce (not a patch to someone else's project), and assumes I care enough about your project to actually persist in trying to use it rather than simply abandoning your project by the wayside and finding some other project to suit my needs -- one written by someone who is satisfied with producing code and demanding I distribute notice of the overall license, but doesn't care how I "license" bits and scraps of his code distributed in the accompanying patch file. -- Eli Schwartz Bug Wrangler and Trusted User This email is original creative work © 2021 Eli Schwartz, and licensed under the terms of the GNU Free Documentation License, and may not be reproduced in whole or in part, not even one word of it, unless you mention this copyright notice and, per the terms of the license, reproduce a copy of the license. Or unless fair use exists, lol. Since I'm a lazy tush and also the IP holder, I don't care about following the license myself, and shall merely point you to https://www.gnu.org/licenses/fdl-1.3.en.html Furthermore, people not named Manhong Dai are hereby exempted from the GU FDL, and may do whatever they darn well please.