Source Code & Copyright

cunamara writes "Patently-O has posted a discussion of Aharonian v. Gonzales . Aharonian is trying to build a database of source code as a repository of prior art. The interesting thing is in part of the decision, which is that "Conversely, if plaintiff independently creates software that is functionally identical to other software, he does not infringe any copyright on the other software's source code, even if his independently created source code is nearly identical to the copyrighted source code." Interesting. But how does one defend "nearly identical" independently created source code from a copyright infringement lawsuit?" I'm actually not as interested in the copyright side of things as I am in the notion of using something like that for prior art of software patents. The argument that source code is uncopyrightable, with some extensions could be applied to almost all, say, fiction stories since no one's written a truly new story in like five thousand years.

Comments

Re:The status of the case

[maxwell demon]

Well, the point about copyright is about copy. If someone who never heared about Harry Potter would sit down on himself and write a book which turns out by pure chance to be word for word identical to the existing one, it would not be copyright violation. However, it's very unlikely than anyone would believe him, because it's very unlikely that this would happen.

Basically in copyright cases, the difficult part is to proof or disproof that there was indeed a copy involved. The similarities are important because they are indications for or against copying. The additional problem with changed copies is of course to determine how much of the changed document is really copy, and how much is just using the concepts. That's also the point of clean-room reimplementations: By doing so you give evidence completely separate from the produced work itself that the work itself isn't a copy, but just a reimplementation of the same concepts.

IANAL however.

Re:Solution

[Anonymous Coward]

The problem is that people who do understand complain in internet forums like Slashdot. You are an example of this.

Most politicians don't read what you write. Most people don't read Slashdot. The few politicians who do read what you say, know that "normal" people don't, so they ignore you.

There are 4 effective actions you can take.

• Write letters to the papers.
• Write letters to the politicians
• Call the politicians. You might at least talk to an assistant
• If that doesn't work, organize a demonstration, so that news media will notice you.

By "letters" I mean regular letters made by paper. The e-mails WILL be ignored.
I would do it my self, but as I am not American, my views don't count :-)

Start small, influence your friends to do the same. Use the internet for organization and information, but keep all communications to the people who matter out of the net. No-body cares about petitions on the net, but when they get 500 sheets of papers in their mail, they will