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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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New Page for Copyright Information
Tuesday, July 22 2003 @ 09:15 PM EDT



This is to let you know that I researched and researched and researched all day and evening, and I've collected all the information I could find on the copyright in a separate, permanent page, which you can access by clicking on the "Copyright Info" link to the left. I can't promise that it's complete for reasons I detail on the page itself, but it's a start. Update 2008: You can find all the copyrights on the Contracts page.]

I don't know if it's possible to get carpal tunnel in the shoulder, but that's what I feel like tonight, so I'll save everything else I learned today until the next time, except for one thing.

I learned today that Dan Ravicher, who is an attorney with Patterson, Belknap, Webb & Tyler, and who wrote "Software Derivative Work: A Circuit Dependent Determination" which is available here as a pdf, is now pro bono counsel also for the FSF. I didn't know that, and I thought some of you coders out there might like to know.


  


New Page for Copyright Information | 2 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
radiocomment
Authored by: Anonymous on Wednesday, July 23 2003 @ 12:41 PM EDT
In copyright law, as I understand it, there's an important distinction between ideas (non-copyrightable) and expression (copyrightable). Just how this distinction applies to computer software has stymied the courts for decades. One point seems clear: line-by-line duplication of code does NOT necessarily imply that a copyright violation has taken place. One appellate court actually found that the ideas were in the "functional" code, while the expression could be found only in the comments! Furthermore, the existence of duplicate lines may simply indicate that there is no other reasonable or efficient way to accomplish a function that is indispensable to the programs in question. For a charge of copyright infringement to stick, SCO would have to show, MINIMALLY, that the copying was (1) quite substantial and continuous, (2) involved functions that could have been created two or more different ways but were not; and (3) provably done at a certain time and place and in a manner designed to evade detection. I think this is the reason that IBM's attorneys have more or less laughed off SCO's lawsuit.
Bryan

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, July 24 2003 @ 08:22 PM EDT
Bryan,

Feel free to send some cases our way. Also, if you haven't seen it yet, you might check the SCO Archives for something we did on copyright: http://radio.weblogs.com /0120124/2003/07/05.html

Other articles touched on this subject too. The Legal Links page has links to research sites where cases can be found.


pj

[ Reply to This | # ]

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