Subject: Re: open source definition
From: peterd@Bunyip.Com (Peter Deutsch)
Date: Sun, 26 Apr 1998 17:10:57 -0400


[ You wrote: ]

> There's something else about music that's importantly different
> from software.  In fact, it's what makes software inappropriate
> for coverage under copyright law in an "ideal" world:
>   Software is functional.  Music is a creative, artistic expression.

I thought about composing a long, reasoned reply to this,
but decided that my disagreement is rather simple and
fundamental. Suffice to say, I disagree with your point of

The creation of software *is* a creative act. Some aspects
of the mechanics are not creative, but imagining and
bringing into existance software, to me, is most certainly
a creative, artistic endeavour. I'm sorry you don't see
the beauty and art involved.

> Copyright law is fundamentally designed to promote creating unique
> works.  It does that by providing a dis-incentive for copying, or
> building on, someone else's work.  . . . 

I refer back to the point about allowing others to
reproduce a song. Joe Cocker's version of "House of the
Rising Sun" is seminal, but it's certainly not the only
one. In fact, it wasn't even the first. Some of the things
rappers do With "deejay" effects, combining existing
songs, etc clearly build new boides of work from old.

Sorry, my disagreement with you is fundamental on this
point. Since I disagree with your axiom, I shouldn'shall
not go into your conclusions...

					- peterd

     Peter Deutsch,                                   (514) 875-8611  (phone)
  Bunyip Information Systems Inc.                     (514) 875-8134  (fax)

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