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| Authored by: nsomos on Monday, June 03 2013 @ 02:27 PM EDT |
Parent supposes
"But it also means, if this is recognized,
that software itself is not eligible for copyright protection."
You are mistaken. To the extent that software is more than
just API's, software certainly continues to be able to enjoy
the benefits of copyright.
To be sure, copyright with software is not quite as cut and
dried as with other literary works. There is this
abstraction, filtration, comparison test that we have thanks
to the Gates Rubber vs Bando Chemical case.
Reading more about this case may better inform you.
http://digital-law-online.info/cases/28PQ2D1503.htm
Any conclusions you draw from this incorrect premise
(that software would no longer be eligible for copyright)
should be re-evaluated.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Monday, June 03 2013 @ 02:37 PM EDT |
Software is not just the elements you list. There's a creative aspect to
writing code, implementing algorithms, etc. The specific choices made by the
programmer in his own implementation (his _expression_ of the mathematical idea)
can still be protected by copyright, and verbatim copying of other people's code
still violates their copyright.
Its just that when there's ONLY one way to implement something (for reasons of
interoperability, for example) then copyright can't be used to prevent other
people from doing so.
So notice what happened in this case: Google copied the "SSO" (the
package, class and method names, and method signatures) which they had no choice
but to copy if they were to produce interoperable packages. But the
implementations of all of those methods (the other 97% of the source code) they
implemented from scratch without using any of the Oracle code. Thats exactly
how it should be.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Monday, June 03 2013 @ 03:30 PM EDT |
Math is not protected by either patents or copyrights either.
That
does not seem to harm the spreading/use of math at all.
It only harms the
commercialization of it.
Now... you're particular expression of math
within a book may be copyright protected. But not math itself.
You're
particular implementation of math within a device - such as a calculator - may
be patentable (the device) but not math itself.
RAS[ Reply to This | Parent | # ]
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