|
From: | RJack |
Subject: | Re: CSRG archives |
Date: | Tue, 04 May 2010 16:10:21 -0000 |
User-agent: | Thunderbird 2.0.0.24 (Windows/20100228) |
Hyman Rosen wrote:
On 3/23/2010 11:29 AM, RJack wrote:If creators can prove they have authored some original code and properly register their that original code with the Copyright Office and can prove they released their own code under a legally enforceable copyright licenseSo far, so good.and can demonstrate substantial similarity in copying protectable code without permissionI'm not sure what this means. Do you mean that they can show thatsomeone has copied and distributed copyrighted code without permission?
Verbatim copying is not required to prove infringement. Only "substantial similarity" is required. This is a matter for the triar of fact (jury) to determine. http://en.wikipedia.org/wiki/Substantial_similarity Copyrighting isn't enough to protect a computer program. The source code must be "protectable" e.g. pass the AFC test. This is a matter settled by expert witness testimony. http://digital-law-online.info/lpdi1.0/treatise24.html
it is their right to sue for copyright infringement of their own code. That sounds like great copyright law to me.That is copyright law as currently constituted. What's your point?
Sincerely, RJack :)
[Prev in Thread] | Current Thread | [Next in Thread] |