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The Foreman's Aha Moment in Apple v. Samsung Was Based on Misunderstanding Prior Art ~pj | 484 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The Foreman's Aha Moment in Apple v. Samsung Was Based on Misunderstanding Prior Art ~pj
Authored by: Anonymous on Friday, August 31 2012 @ 05:29 PM EDT
"You can not copy word for word from a book I wrote, but you
can make a book with a similar story."

I'm not a lawyer, so I'd appreacite some feedback from the lawyers on this site.
Is this statement actually true?

My understanding is that it is not. I would imagine that if I wrote a book about
Parry Hotter a young boy magician who went to a magic school, etc., etc. that
even if the book was entirely of my own creation that I could be sued for
copyright infringement because the CONCEPT of the book is too similar in nature
to the Harry Potter series and therefore would be considered a derivative work.
Assuming I'm not writing a parody, of course. In other words, it's not just the
actual words of the story that are copyrighted, but to a certain extent, the
IDEA behind the story is protected as well. I can obviously write other stories
about magicians, but I can only stray so close to the idea or concept of an
established work where I have violated copyright law, correct?

Does a similar situation exist for software copyright law? In other words, is
the IDEA or CONCEPT of a piece of code protected or is it only the literal code
itself that can be copyrighted? I'm trying to get at the question of whether
copyright law for software provides any significant intellectual property
protection for the creator of the original program given that it is a relatively
trivial task to change the code (which is invisible to the end user) but have
the idea or concept remain identical.

thanks, JC

[ Reply to This | Parent | # ]

  • re:copyright - Authored by: Anonymous on Saturday, September 01 2012 @ 09:28 AM EDT
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 )