Nicola Perotto wrote:
> Rolf wrote:
>   
>> Unless your macro-processor *copies* the copyright macro in to the file 
>> that get assembled in to your program. In which case your entire program 
>> is now a derivative of Olin's code, and you no longer own anything.
>>   
>>     
> You understand only that you want to understand.
>   
>> Tell the world I am wrong, but then you'll be wrong. 
>>     
> uah uah uah
> Very smart! This is a syllogism (one of those which they do not work)!
>   
>> Anyone a lawyer? 
>>   
>>     
> In order to understand this it is not necessary to be a lawyer.
>
>   
>> Does the macro pre-processor copy the macro for every macro reference in 
>> the main program? My feeling is that it does!
>>
>> Rolf
>>   
>>     
> And this doesn't matter: "you"(*) are not the pre-processor.
>      Nic
>
> (*) referred to who use the Olin's macro
>
>
>
>   
On the contrary, in this it is clear that the operator of any computer 
is responsible for any action in the computer.... One appeals case I 
referenced before clearly concludes that the operator of a computer is 
responsible for the operating system copying a program from disk to 
memory so that it can be run. So, in fact, if you trigger the process 
then you make the copy.

Your argument is flawed anyway, because it is the result that the court 
is interested in. If copyright code ends up in your work, and you are 
not licensed to have that code in your work, then it does not matter how 
it got there, only that is is there. Ignorance in no way implies innocence.

Based on all the commercial law courses I did in university, seminars I 
have been to, and all the lectures on how to ensure that our software is 
not encumbered, and all the independent research I have done (remember, 
software is my profession), I am becoming more and more convinced that 
the legal system would be convinced that the binary result of the code 
compiled using Olin's macro's would be Olin's.

Admittedly, Embed Inc would have to initiate litigation for the court to 
care, and Olin claims that Embed Inc would never do such a thing (I do 
actually believe him), but that is only the way it is now. In 10 years 
time that may change, and then what happens?

Rolf

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