4 ms·

I guess this is subjective (though maybe not legally), but this lookup table of extensions to mimetypes doesn't feel like GPL "software". It's just a descripti

by gedy 6y ago

I guess this is subjective (though maybe not legally), but this lookup table of extensions to mimetypes doesn't feel like GPL "software". It's just a description of other software's conventions using the GPLed source as a reference: https://github.com/minad/mimemagic/blob/master/lib/mimemagic/tables.rb#L3 https://github.com/minad/mimemagic/blob/master/lib/mimemagic... To create a non-GPL version, you would have to do what? Research extensions without letting your eyes see this GPLed list?

imhoguy 6y ago
vs this https://gitlab.freedesktop.org/xdg/shared-mime-info/-/blob/master/data/freedesktop.org.xml.in https://gitlab.freedesktop.org/xdg/shared-mime-info/-/blob/m...
- Xylakant 6y ago
  In a twist of irony, the software for which the copyright claim breaking rails was made is hosted on the free edition of gitlab, which is based on rails.
  - Deradon 6y ago
    And according to the twitter-bio of the individual, who brought this up, he's related to Red Hat, which are also affected [^1]. [^1]https://github.com/RedHatInsights/compliance-backend/pull/795 https://github.com/RedHatInsights/compliance-backend/pull/79...
Denvercoder9 6y ago
> this lookup table of extensions to mimetypes doesn't feel like GPL "software". Copyright nor the GPL are limited to software, collections of data are copyrightable as well; and thus they can fall under the GPL as well. > To create a non-GPL version, you would have to do what? Research extensions without letting your eyes see this GPLed list? Yes.
- toast0 6y ago
  > collections of data are copyrightable as well Collections of data are sometimes copyrightable. Depending on the jurisdiction, it may depend on the details of the collection.
- murderfs 6y ago
  Data in and of itself cannot be copyrighted under U.S. copyright law: "creative arrangement" of it can be, but given that the data in question was generated from XML file, I don't think you could make a claim that the arrangement was copied.
  - whimsicalism 6y ago
    ? I don't follow - it seems pretty clear that this falls under the GPL from my reading of what is copyrightable, ie. they can't copy your compilation of the data.
    - rst 6y ago
      Your reading of what is copyrightable may not be entirely in accord with the US Supreme Court's, which has ruled that mere compilations of factual data (a telephone directory in the case that set the precedent) are not copyrightable. https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._Rural_Telephone_Service_Co https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._R.... If someone is trying to apply the GPL to stuff which isn't legally copyrightable in the first place (as may be the case here), then their copyright isn't enforceable, and neither is the GPL.
- vertis 6y ago
  There are definitely jurisdictions where this has been found not to be the case. In Australia the protection of databases is incredibly murky[1]. Telstra, the privatized government telecom company, failed to protect the White Pages data from another company that, if I remember correctly, had put it on CD (ah those were the days). [1]: https://www.mondaq.com/australia/copyright/290668/can-a-database-be-protected-by-copyright https://www.mondaq.com/australia/copyright/290668/can-a-data...
boleary-gl 6y ago
Or use another source that is non-GPL - that's proposed here: https://github.com/rails/rails/issues/41750#issuecomment-805827334 https://github.com/rails/rails/issues/41750#issuecomment-805...
jahewson 6y ago
I agree. Lists of facts are not eligible for copyright in the US, most famously phone books. It’s debatable as to whether or not this file is pure facts but I’m having a hard time seeing it as a “creative expression”.

by gedy 6y ago

imhoguy 6y ago

vs this https://gitlab.freedesktop.org/xdg/shared-mime-info/-/blob/master/data/freedesktop.org.xml.in https://gitlab.freedesktop.org/xdg/shared-mime-info/-/blob/m...

Xylakant 6y ago
In a twist of irony, the software for which the copyright claim breaking rails was made is hosted on the free edition of gitlab, which is based on rails.
- Deradon 6y ago
  And according to the twitter-bio of the individual, who brought this up, he's related to Red Hat, which are also affected [^1]. [^1]https://github.com/RedHatInsights/compliance-backend/pull/795 https://github.com/RedHatInsights/compliance-backend/pull/79...

Denvercoder9 6y ago

> this lookup table of extensions to mimetypes doesn't feel like GPL "software". Copyright nor the GPL are limited to software, collections of data are copyrightable as well; and thus they can fall under the GPL as well. > To create a non-GPL version, you would have to do what? Research extensions without letting your eyes see this GPLed list? Yes.

toast0 6y ago
> collections of data are copyrightable as well Collections of data are sometimes copyrightable. Depending on the jurisdiction, it may depend on the details of the collection.
murderfs 6y ago
Data in and of itself cannot be copyrighted under U.S. copyright law: "creative arrangement" of it can be, but given that the data in question was generated from XML file, I don't think you could make a claim that the arrangement was copied.
- whimsicalism 6y ago
  ? I don't follow - it seems pretty clear that this falls under the GPL from my reading of what is copyrightable, ie. they can't copy your compilation of the data.
  - rst 6y ago
    Your reading of what is copyrightable may not be entirely in accord with the US Supreme Court's, which has ruled that mere compilations of factual data (a telephone directory in the case that set the precedent) are not copyrightable. https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._Rural_Telephone_Service_Co https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._R.... If someone is trying to apply the GPL to stuff which isn't legally copyrightable in the first place (as may be the case here), then their copyright isn't enforceable, and neither is the GPL.
vertis 6y ago
There are definitely jurisdictions where this has been found not to be the case. In Australia the protection of databases is incredibly murky[1]. Telstra, the privatized government telecom company, failed to protect the White Pages data from another company that, if I remember correctly, had put it on CD (ah those were the days). [1]: https://www.mondaq.com/australia/copyright/290668/can-a-database-be-protected-by-copyright https://www.mondaq.com/australia/copyright/290668/can-a-data...

boleary-gl 6y ago

Or use another source that is non-GPL - that's proposed here: https://github.com/rails/rails/issues/41750#issuecomment-805827334 https://github.com/rails/rails/issues/41750#issuecomment-805...

jahewson 6y ago

I agree. Lists of facts are not eligible for copyright in the US, most famously phone books. It’s debatable as to whether or not this file is pure facts but I’m having a hard time seeing it as a “creative expression”.