[tur-users] Ion3 trademark infringement

[Aaron Griffin]

On 4/30/07, Tuomo Valkonen <tuomov at iki.fi> wrote:
> > The _RESULT_ of building patched software with the help of PKGBUILD or
> > modified Makefile is derivative work.
> > Feel the difference! (tm)
>
> No. A PKGBUILD that patches the original code is a derivative work.
> It does not merely apply the interfaces provided by the original
> work to build it; it changes it. Therefore, it becomes a derivative
> work. The PKGBUILD is the source code of its result, together with
> the works it derives from.

IANAL, but I know a few.  I will ask them about this topic when I get
a chance, but I'm pretty sure that Roman is correct here.  You cannot
extend your copyright outward like that to the tools used to build
your program.  It just doesn't work that way.  You are saying that
gentoo ebuilds, FreeBSD makefiles, and ArchLinux PKGBUILDs are all
derivative works of the original source they build from?  I highly
doubt this is true.

Here's the important line from the LGPL / GPL: "Activities other than
copying, distribution and modification are not covered by this
License; they are outside its scope. "

This includes building and installing.  They are outside the scope of
the license.  Additionally, I am not talking about the xft patched
version that was in the AUR.  That is actually covered by another
copyright "gotcha" where a name change is sufficient to indicate it is
not the original product - think "GAIM vs AIM".