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They do apply it to patents | 118 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Giving the lie
Authored by: Ian Al on Sunday, July 07 2013 @ 12:23 PM EDT
You said:
"...So you cannot copyright written or spoken expression that communicates your beliefs..."

This is incorrect. You can copyright the expression. The law says:

"...In no case does copyright protection for an original work of authorship EXTEND TO any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work..."
I gave the dictionary definition of the word 'expression' to make my point:
3: the communication (in speech or writing) of your beliefs or opinions; "expressions of good will"; "he helped me find verbal expression for my ideas"; "the idea was immediate but the verbalism took hours"
In my view, beliefs or opinions fit into the subject matter excluded from copyright because they both fit into the excluded categories of ideas, concepts and principles. Expression communicating those beliefs is not protected by copyright.

Perhaps I should have been more precise and made it clear that expression in writing that communicates your beliefs does not produce copyrightable subject matter. It is only when you express anything at all as an original work of authorship that the authorship, and not the expression of ideas, is protected by copyright.

This drives home the point that it is not the idea of doing a range check and not the writing down of the process for achieving the idea with a computer that can be protected by copyright. Only the original work of authorship that is produced in the expression of these ideas and procedures can be protected by copyright. It is not the expression that is copyright, but the authorship.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

They do apply it to patents
Authored by: Anonymous on Monday, July 08 2013 @ 10:53 AM EDT

IANAL, the following is my opinion based on my conclusions of how the different levels of Law apply patents.

If I understand what you're saying then it is applied to Patents: at least from the position of the Supremes.

    Patent applies to a specific implementation (specific physical manifestation) of an idea but not to the idea itself!
Of course... the USPTO has to come in line with that idea and start rejecting any patents that are broad enough to lay claim to the idea. And then the District and Federal Circuits have to come into line and uphold that.

RAS

[ Reply to This | Parent | # ]

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