On 10 Jan 2005 00:55:53 GMT, MJ Ray <[EMAIL PROTECTED]> wrote: > Much documentation is derived mainly from the comments in the code. > In a few cases, there are actually comments in the code which are > written deliberately to serve as the basis for documentation. Does > the above argument about lacking in creative expression really > apply? Looks like a massive lawyerbomb waiting to explode...
I wouldn't think that comments would be considered "functional". Systematic use of the comments from a piece of copyright code would probably (IANAL) be infringement, but occasional overlap between the way a comment phrases something (e. g., a sample calling convention) and the way a separate document does probably falls under a "de minimis" defense -- especially if one can demonstrate that essentially any document describing the same functional spec would have to follow a similar flow to get the job done. Cheers, - Michael
