Subject: Re: balance
From: Richard Stallman <rms@gnu.org>
Date: Tue, 28 Sep 1999 09:03:57 -0600 (MDT)

    Does "fair use" extend to a large table all of whose elements are constants
    #defined in a copyrighted header file?

I don't know.  I think I would need to see a more concrete case
to actually think about it, or ask a lawyer in a useful way.

    Does "fair use" extend to allowing me to distribute patches for GPL'ed code
    without putting the patch file under the GPL?

I don't think so.

    > A header file is just a list of entry points, and constants.

    A header file can be copyrighted just as any other piece of code can.  A
    header file is the expression of a software design and is the result of
    creative work: it's not just an aggregation.

A header file can certainly be copyrighted.  The consequences of this
are a complex issue, though, depending on the details of situations.