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British Court Issues Bizarre Copyright Ruling
dipfan writes "In a re-run of the Lotus v Borland case that went to the US Supreme Court, the High Court in London has allowed a copyright infringement battle between two rival airline booking programs to go to trial, despite agreement by all sides that the two programs are written in different code. The airline Easyjet is being sued by software house Navitaire, creators of an online booking system called Openres, over Easyjet's booking system named eRes, developed by Bulletproof Technologies of California. Openres was written in Cobol, while eRes was written in Visual Basic, and the programs are also different in structure.
But, according to the FT article: 'Parallels had been drawn between appropriating the "functional structure" of a computer system and commandeering the plot of a book, the judge noted.' If Navitaire wins, then any program that works like another program - even if written in different code - could be vulnerable. What happened to the principle that you can't copyright an idea? Bulletproof is counter-suing
Navitaire in the district of Utah."
This is silly. I am suing all males of the human species, because their penis infringes upon my own penis's "functional structure" (although I admit that due to their vastly smaller size, our structures are different).
Come to think of it, I guess that my father would call me out on the whole "prior art" thing there.
it's like the malloc (sp?) thing all over again. two airlines needing a piece of software to do the SAME THING. How many correct ways are there to do it?
From an outsider's point of view, a stranger to word processing, one would draw EXTREME similarities to MS Word vs. a Corel alternative.
Is it copyright infringement? They both allow you to do the same thing in almost exactly the same way. .
seems crazy right?
-rich
But on the other hand if they loose that would make a legal precedence that copyright doesn't cover functionallity which would be a good thing.
So what if it's written in different code? I can play pop songs on a trombone and record it. It's still the same song and it's still infringement.
Copyrighting an idea is wrong, but that's not what the question is here. This is an example of determining whether both products implement the idea in a close enough way to be infringement and code is completely irrelevant to that discussion.
--- Don't be a player hater: I meta-mod ALL negative mods as Unfair.
Travel booking programs are particularly complex and it appears that the two programs here share enough logic for the VB version to be infringing.
It is not unreasonable: if I sing "happy birthday" on the air, I have to pay copyright fees. So if I rewrite someone's code in another language (or even the same language), why do copyright fees not apply?
It is far better that copyright be applied to this kind of case (assuming the infringing program actually is a rewrite, not a coincidence) than patent law. At least with copyright you know that a clean-room rewrite is safe. With patents you won't know until the lawyers knock.
Ceci n'est pas une signature
The case might not have much merit, but there's not enough detail for us to decide that - and no apparent reason to dismiss it as 'bizarre'. Don't you remember that Apple sued M$ over the 'look and feel' of Windows? And if I wrote a program that exactly duplicated the functionality of Warcraft III (even if all the code was my own) do you think I wouldn't get sued by Blizzard? Everything depends on what the patents and copyrights cover.
"A lot of patents are like this.... How is this different?"
You patent an idea. You only copyright a work.
My local LUG invited a copyright lawyer from Widner last year to come in and talk about some tihng, and he covered this. He told us that copyright law protects not only the form but the basic plot as well. Were Shakespeare alive today, he would have a fairly good lawsuit against Disney for infringing on Hamlet.
To make laws that man cannot, and will not obey, serves to bring all law into contempt.
--E.C. Stanton
Actually, the history of 20th century copyright law -- esp. in the US but in Europe as well -- is a blurring of the boundaries between idea and expression, those boundaries being the cornerstone of copyright law previously. This is primarily the effect of movie studios and producers suing people for similar adaptations of similar stories and winning. Siva V. writes about this in Copyrights and Copywrongs. Lawyers for the movie industry went to such lengths to protect their works from imitation that copyright law now recognizes a certain level of idea protection. It's ironic because the film industry got its power in the first place in part because of a strict boundary between idea and expression. But in any case it is not surprising to see this trend manifesting in debates over copyright of computer code.
Perhaps this a case of mad judge disease!
Anyone who thinks the courts are logical should remember that in France a court found a cow guilty of murder and in Salem a court convicted women of being witches.
Not much has changed since then it would seem.
Perhaps...
But the article clearly states that Bulletproof had no access to either the source code or objects from the previous (Navitaire) application.
It's a "clean room" reimplementation of the functionality - an entirely different thing than porting an application using a different language.
If this is decided against Bulletproof, it has *enormous* consequences for the software industry - open and proprietary alike.
So, how is the example irrelevant to what it addresses, the idea that two applications in different languages cannot be a violation?
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