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
The Point, in case it's lost on the reader. | 439 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The Point, in case it's lost on the reader.
Authored by: Anonymous on Tuesday, May 15 2012 @ 09:06 PM EDT
No, I just think that copyright is inapt for the protection of software.

Strictly speaking, compiled code (not the comments) is only copyrightable
subject matter because it has been defined that way.

The compiler doesn't "strip away any copyright protection" what it
does (the decompiler can also do so) is abstract and transform the functional
part of the program from the parts (data, for the most part, although not
necessarily entirely exclusively) that is inherently copyrightable subject
matter (and there is a lot of that in most programs of significant commercial
value).

What I think you should be able to do is extract all the inherently
uncopyrightable (functional) elements and reuse only them as you see fit - it's
just math at that point.

That's also why I think that some form of unfair competition (also sometimes
known as intellectual property) law should apply on a product basis, so that
developers and publishers have a short (few years) period of exclusivity in
order to recoup costs and make a profit. At that point competition on the
merits of products should prevail.

[ Reply to This | Parent | # ]

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 )