On Wed, Nov 15, 2006 at 08:28:24PM +0100, Francesco Poli wrote:
> On Sun, 12 Nov 2006 20:01:23 +0100 Diego Biurrun wrote:
> 
> > On Sun, Nov 12, 2006 at 07:30:32PM +0100, Francesco Poli wrote:
> [...]
> > > I've not yet seen the file taken from FFmpeg, so I cannot comment on
> > > its copyrightability.
> > > Take into account that determining whether something is or is not
> > > copyrighted can be a hard task and (except for obvious cases) really
> > > requires a good lawyer to be sure.
> > > Unfortunately IANAL, so my opinion on the copyrightability of that
> > > file is not so relevant...
> > > 
> > > Anyway, is there any legal notice inside the file in question, so
> > > that we can be on the safe side, should it turn out to be
> > > copyrighted?
> > 
> > I've attached the file for your perusal.
> 
> Thanks.
> 
> > It's just a bunch of
> > #defines.
> > If this is copyrightable you can start closing down any sort of free
> > software distribution ...
> 
> Well, I would not be so sure...

Go talk to a lawyer.  Where do you think things like libc system headers
took their content from?  How come they match other Unix system headers
so closely?  Yet nobody is arguing that libc might be infringing those
copyrights ..

> But anyway, here the question on copyrightability is moot, since this
> file is available to us under the GNU (L)GPL, should it turn out to be
> copyrighted.

The question is not whether it is copyrighted, but whether it is
copyrightable.  It is not.

> Hence, I think the Right Thing(TM) to do is properly documenting where
> the file `mmx.h' came from (that is to say: FFmpeg) and which is the
> license the project we borrowed it from is available under (that is to
> say: the GNU (L)GPL).
> Once this is clearly documented in the debian/copyright file, I feel
> that the issues with mmx.h will be solved.

I didn't slap a license header on the newly created mmx.h on purpose.
Assuming that such a thing could be copyrightable is just plain silly.

Diego


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