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
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

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
Nope, not missing anything | 147 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Nope, not missing anything
Authored by: kg on Friday, July 05 2013 @ 07:49 PM EDT

I think the argument now is that the wording itself warrants protection, as even if the idea is not copyrightable, the expression of the idea in words, and most specifically the choice of words, is.

In recipes, though, whether you "sear" meat or "fry" it or "sauté" the onions is really the choice of a precise set of steps so that they will not be understood. It's very different from one of Charles Dicken's multi-page descriptions that could be simply substituted with "it was foggy" - but you'd lose the despair if you were that precise. (> Bleak House)

Just look at the explosion of "translations" of the Bible in the 20th century. It has become a game to see how many words need to be changed to claim copyright of the text. The ideas behind the text have been hashed out and expressed in a myriad of ways before. Or at least that's the way copyrights have been treated in recent years. It's created an industry of data duplication.

I'm an open source developer, with several fairly popular libraries to my credit. Seeing the numbers of people who use them is as addictive as watching "likes" or retweets. Is the code I write more than precise instructions to a machine? Not at all!

In fact, the only thing that I see as creative in a way that I could assert copyright is the naming of variables and the comments I write into the code. However, the more standardized the comments and naming conventions, the less creativity is required.

The real "creativity" is in determining what you want the code to do and getting the machine to perform. That's 99% of programming. It can't be compared to writing a novel, imho.

---
IANAL
Linguist and Open Source Developer

[ 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 )