The ate_utils.c file has traveled
from SGI to the maintainer of the Linux kernel tree. In this
hypothetical chain, that was is the first
unauthorized transfer of the source code. The transgressor is SGI, the
firm that submitted the code; their infringement is of the copyright
holder's
exclusive right of distribution.
Once accepted into the Linux kernel tree, the file becomes a part of a
"collective work" under the Copyright Act. Linus owns the copyright in
the assembly, but all the individual authors who rightfully contributed
maintain their individual copyrights in their contributions. Likewise,
the inclusion of the ate_utils.c file in the kernel tree did not
"strip" its owner's copyright from it.
When the kernel source tree is published, three of SCO's
exclusive rights may be implicated: First, the assembly into a
collective work is an adaptation;
second, publishing in the digital world involves both reproduction and distribution.
The linked graphic is intended to represent
both the actions of
assembling the kernel tree and the two prohibited actions that follow
when the tree is published. A black bar in front of a transfer arrow
signifies a "prohibited"
transfer.
Common Questions: