decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

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.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
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 | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )