[Python-Dev] Copyright notices in modules

M.-A. Lemburg mal at egenix.com
Tue Jan 20 13:28:54 CET 2009


On 2009-01-20 11:02, Michael Foord wrote:
> M.-A. Lemburg wrote:
>> [snip...]
>>  
>>> Does the copyright concept even apply to an
>>> abstract base class (I thought APIs were not
>>> subject to copyright, just like database layouts
>>> and language definitions)?
>>>     
>>
>> It applies to the written program text. You are probably
>> thinking about other IP rights such as patents or designs.
>>
>>   
> 
> You need to read Van Lindberg's excellent book on intellectual property
> rights and open source (which is about American law and European law
> will be different). Mere collections of facts are not copyrightable as
> they are not creative (the basis of copyright) and this is presumed to
> apply to parts of software like header files and interface descriptions
> - which could easily apply to ABCs in Python.

I doubt that you can make such assumptions in general. It's a
case-by-case decision and also one that depends on the copyright
law or convention you assume.

See e.g. the WIPO copyright treaty:

    http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html#P56_5626

and the Berne Convention:

    http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P85_10661

and TRIPS:

    http://www.wto.org/english/docs_e/legal_e/27-trips_04_e.htm#1

That said, for numbers.py there's certainly enough creativity in that
file to enjoy copyright protection.

> I recommend his book by the way - I'm about half way through so far and
> it is highly readable

Thanks for the pointer.

-- 
Marc-Andre Lemburg
eGenix.com

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