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EU Court Adviser Says Software Ideas Can't Be Copyrighted

bhagwad writes "The EU continues to ooze common sense as a court insists that software functions themselves cannot be copyrighted. Drawing a box or moving cursor are examples. To quote: 'If it were accepted that a functionality of a computer program can be protected as such, that would amount to making it possible to monopolize ideas, to the detriment of technological progress and industrial development.'" Note that this is a "non-binding opinion by Yves Bot, an advocate-general at the Luxembourg-based EU Court of Justice," and that the court "will rule on the case next year."

15 of 196 comments (clear)

  1. Please let the Americans know this ... by Dark$ide · · Score: 5, Insightful
    Dear EU,

    Can you point out to those folks on the other side of the Atlantic that software patents stiffle invention and innovation.

    Thanks.

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    1. Re:Please let the Americans know this ... by Anonymous Coward · · Score: 2, Insightful

      They don't have to. U.S. courts recognize International Law as it exists.

      Except when it doesn't suit them, and thats pretty much always.

    2. Re:Please let the Americans know this ... by NoNonAlphaCharsHere · · Score: 5, Insightful

      Dear EU,

      Can you point out to Slashdot moderators the difference between copyright and patents?

      Thanks

    3. Re:Please let the Americans know this ... by poetmatt · · Score: 3, Insightful

      maybe you don't realize that people do try to claim copyright on API's which are software.

      Where have I heard that before....oh right? maybe the google vs oracle case?

      Patents and copyright both have problems, at least we can work on one at a time.

    4. Re:Please let the Americans know this ... by Attila+Dimedici · · Score: 3, Insightful

      But ideas are not supposed to be protected by patents. Patents are supposed to protect the design of a device, not to protect an idea.

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  2. Re:Don't worry Apple by mr1911 · · Score: 4, Insightful

    Because that was a design patent, not a utility patent on a software concept.

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  3. Intellectual Property is killing everything by kawabago · · Score: 5, Insightful

    There are so many lawsuits flying around over patents, copyrights and wishful thinking that it's no wonder we are in recession. It doesn't matter what you want to do, you are going to get sued by someone. So why bother? People don't.

    1. Re:Intellectual Property is killing everything by Pope · · Score: 4, Insightful

      There are so many lawsuits flying around over patents, copyrights and wishful thinking that it's no wonder we are in recession.

      LOL. Yes, clearly recessions are caused by patents and copyrights, and not out of control bankers, loose regulations surrounding investment houses, and various European governments not being able to control their budgets.

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    2. Re:Intellectual Property is killing everything by lgw · · Score: 2, Insightful

      Greek debt was about 100% of GDP for quite some time. "Unusually high"? Who knows. "Unsustainably high"? definitely. Meanwhile, the US debt recently passed 100% of GDP. Yeah, we're pretty fucked.

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  4. Re:Don't worry Apple by mr1911 · · Score: 4, Insightful
    OK, I'll bite for a bit of 101 review, but it will be brief.

    What's the difference?

    A design patent is specifically about the look and feel of a product. This may include rounded corners. It does not rely on prior art in that no one made an electronic device with rounded corners before, but that this tablet computer with rounded corners and certain other features is a certain look and feel that does not exist yet in the tablet computer market.

    And, how is that difference relevant?

    A design patent is look and feel, a utility patent is how you do something.

    It is really quite simple when you quit trying to make it difficult.

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  5. Re:Don't worry Apple by mr1911 · · Score: 1, Insightful

    In my mind, it's better to use that choice in such a way as to try to effect positive change whereever you can

    Ranting on Slashdot is very unlikely to change patent law. But if it makes you feel better, carry on, but don't try to convince anyone it is to bring about positive change.

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  6. Re:Don't worry Apple by alendit · · Score: 3, Insightful

    I love how corporations are, supposedly, people, but noone expects them to act ethically or for the good of the society. One would think, it was ment to be the other way around...

  7. Re:Finally! by Comboman · · Score: 5, Insightful

    You can't copyright a recipe but you can copyright a cookbook. Likewise you shouldn't be able to copyright a software design/function but you should be able to copyright a software implementation of that design/function.

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  8. Re:Finally! by bky1701 · · Score: 5, Insightful

    "Copyright is for protecting written information."

    Copyright is for controlling the distribution of information. The only protection for information is duplication and distrubition.

  9. Re:Finally! by PopeRatzo · · Score: 3, Insightful

    Copyright is for controlling the distribution of information. The only protection for information is duplication and distribution.

    Very good. You mind if I use that?

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