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
Independent Creation | 221 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Independent Creation
Authored by: Wol on Thursday, October 18 2012 @ 07:52 AM EDT
Except that functional is irrelevant to copyright.

Going back to OraGoogle that fight over APIs was trying to confuse the WHAT with
the HOW.

WHAT the software does - the API - the declarations - is not copyrightable. HOW
the software does it - the code - is copyrightable (unless there's only one or
two obvious ways of doing it, in which case "independent creation" is
the defence you use).

Whichever way you look at it, if Red Hat's claims are true then Twin Peaks is
toast.

Cheers,
Wol

[ Reply to This | Parent | # ]

Independent Creation
Authored by: capt.Hij on Thursday, October 18 2012 @ 08:24 AM EDT

If they take that route then someone making decisions is completely clueless about how free software is developed. All that is already available. If they want to go deeper into the development then it will require a deep deep fishing expedition. The only rational reason to do that is to ratchet up the price so much that Red Hat considers buying them. Even then, they have not done their homework to see how Red Hat operates.

On a side note, when this latest CEO took over of Red Hat I was very concerned. So far I have been impressed, and he seems to get it. This long run view has served them well. Red Hat has Twin Peaks in such a bind that Twin Peaks is doing self destructive things to get out of the trap that their greed led them into.

[ 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 )