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Re: Strawmen and Urban Legends

From: Rui Miguel Silva Seabra
Subject: Re: Strawmen and Urban Legends
Date: Thu, 28 Dec 2006 12:51:18 +0000

Qui, 2006-12-28 às 12:13 +0000, Rui Miguel Silva Seabra escreveu:
> criteria. Nevertheless, the software component can't be patented, as
> declared in most countries patent law (only a few, like the US, are in
> violation of TRIPS, at least according to my interpretation which sees
> software delegated to Berne Convention, and Berne Convention delegates
> it do Droit d'Auteur/Copyright).

As it seems some people still have doubts about the quite clear text:

        Article 10
        Computer Programs and Compilations of Data 

        1. Computer programs, whether in source or object code, shall be
           protected as literary works under the Berne Convention

It doesn't say "shall be protected as you please".

If a business decides to *not* publish the source code for a trade
reason, then that becomes a trade secret, but it's the "action of
hiding" and not the source code that is covered by the trade secret.


+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

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