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| Authored by: rsteinmetz70112 on Wednesday, May 23 2012 @ 10:33 AM EDT |
As far as I can tell Sony did not allege that, the produce was infringing. They
alleged that intermediate copies made for reverse engineering were infringing.
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Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
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| Authored by: Anonymous on Wednesday, May 23 2012 @ 10:39 AM EDT |
Just a minor correction:
The District Court Judge did feel that Sony's API's were copyrightable and
infringed, and as a result issued an injunction against Connectix.
On appeal, the 9th Circuit overturned the decision based on fair use. They
didn't explicitly say that the API's were or were not copyrightable.
As I understand the ruling, they punted on the question and simply stated that
whether they were copyrightable or not didn't matter.
If they were not copyrightable then what Connectix did was ok.
If they were copyrightable then what Connectix did fell under fair use and was
still ok.
So, either way what Connectix did was ok and the issue of copyrightability is
moot.
They then overturned the injunction and returned the case to the district
court.
-- nyarlathotep[ Reply to This | Parent | # ]
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| Authored by: Ian Al on Wednesday, May 23 2012 @ 11:26 AM EDT |
Connectix copied BIOS and other code to enable them to create their own
compatible version of the API. There was nothing in the original and secret API
document that could be copied and that was the document/collected
work/compilation/directory-of-files that had the Sony SSO fixed in its media. In
other words, the Sony creative expression was never there for Connectix to
copy.
It's the same old problem. There is no way of showing how the protected Oracle
creatively expressed SSO came to be fixed in the media in order that Google
could copy it by using Harmony's code.
---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid![ Reply to This | Parent | # ]
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