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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.

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Well, maybe that's why you're confused | 225 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Well, maybe that's why you're confused
Authored by: albert on Tuesday, May 21 2013 @ 09:47 AM EDT
"A copyright covers the expression of an idea, not the idea." This is
true.

Men At Work may have accidentally duplicated a copyright melody, but there's no
pass for unintentional infringement (though the penalties might be less
draconian).

The Beatles lost a similar case. The 'idea' may be expressed in many ways, but
if that sequence of notes is already copyright, you're infringing, just like
infringing a s/w patent by independently writing code that's already patented.
Many authors of educational music books are prevented from printing certain
musical examples by music publishers, even though they may be 'fair use'. It
doesn't matter how that sequence of notes is expressed.

A machine patent prevents others from building a device similar to yours as
described in the patent.

Patents and copyrights protect the _expression_ of the idea. You are free to
think about the ideas, but not to express them.

[ Reply to This | Parent | # ]

Well, maybe that's why you're confused
Authored by: cjk fossman on Tuesday, May 21 2013 @ 01:02 PM EDT
Men at work were sued because they _played_ the melody, not
because they had the idea of playing it.

An invention is tangible.

[ Reply to This | Parent | # ]

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