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A California Jury Finds Copyright Infringement In an Interface (deepchip.com)

whoever57 writes: A California jury in one of the cases between Synopsys and Atoptech found copyright infringement in Atoptech's use of the "Primetime commands". These companies compete in the field of EDA ("Electronic Design Automation") software: software that is used by semiconductor companies to design ICs. The Primetime commands are merely an interface. Atoptech has their own implementation of the functionality that these commands [provide]. This can be seen as similar to the Oracle vs. Google lawsuit, in which an appeals court has found that providing a similar interface (via header files) can constitute copyright infringement. Naturally, there will be appeals in this case.

9 of 125 comments (clear)

  1. Technical topics are not a jury competency by Anonymous Coward · · Score: 5, Insightful

    The whole idea that a jury can decide one way or another on a technical matter is pretty idiotic, and a misapplication of jury process as it enshrines decision making on the basis of ignorance.

    In fact the whole legal system is back to front on this issue, since having specialist domain knowledge in an area often precludes you from serving on a jury in a relevant case. That's severely illogical.

    Not even judges should have the power to make such decisions, because they are experts in law. not in technical topics. Making a good decision based on pro/con arguments presented by technical experts does not mean that the decision will be a good one, because a judge's second-hand understanding will always be superficial at best.

    There are two good sources for informed decision making on technical topics: the professional institutions in a technical domain (such as IEEE, IEE/IET, BCS, ACM), and vocational academic bodies created for this purpose and barred from commercial influence. No human-based decision making can be perfect, but this would at least eliminate the ill-informed harm being done by judges and the general public working outside of their competency.

    1. Re:Technical topics are not a jury competency by gtall · · Score: 5, Insightful

      Yeah, those organizations are completely free of particular company influence, let them decide.

    2. Re:Technical topics are not a jury competency by tsstahl · · Score: 4, Informative

      Judges can appoint a 'special master' to impartially advise the court on technical issues.

      Juries very well may get technical matters wrong, but that is one reason why there are appellate courts.

      I doubt many criminal juries are staffed by people expert in homicide, yet we do not doubt their ability to render a verdict.

  2. This Just In by Anonymous Coward · · Score: 4, Funny

    A copyright infringement case is up before in East Texas alleging that parrots infringe on the human copyright of speech. The defense wanted to bring in specialists to discuss convergent evolution, but the judge said, "I don't see what a bunch of biologists has to do with copyright law."

  3. Re:Lets eliminate copyright by GLMDesigns · · Score: 4, Insightful

    No. Let copyright exist for those who want it. Instead start using and promoting Free Software.

    http://www.gnu.org/philosophy/...
    http://www.gnu.org/philosophy/...
    http://askubuntu.com/questions...

    --
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  4. So API don't matter by goombah99 · · Score: 4, Funny

    If you beleive anything you might have learned in computer science surely it is that spending time to get the API right is the most important thing. populating the implementation of the sub sections defined by the API is the work you give to the C-students. You let the A-students come define the interface. The API is the most valuable part of the whole

    --
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    1. Re:So API don't matter by Anonymous Coward · · Score: 5, Interesting

      If you beleive anything you might have learned in computer science surely it is that spending time to get the API right is the most important thing. populating the implementation of the sub sections defined by the API is the work you give to the C-students. You let the A-students come define the interface. The API is the most valuable part of the whole

      The API is no doubt important. Your post reads as possibly sarcasm, but either way, the implementation is at least as important. Screw that up, and your API means nothing. Also, your API will reflect what your code actually does. Even the best engineer is likely not going to see deeply enough to build a perfect API the first time. Actual coding is very likely to cause revisions to the API that better reflect how things should be, once the problem can be better understood.

      All that being said, none of this addresses the original question. Should APIs be copyrightable? Sure, they arguably are a creative work, but if you allow a copyright on that aspect of a creative work, such that it cannot be duplicated you cause monopoly situations which are not in favour of the world at large. Think of the Java thing, by not allowing someone to write a compatible API, it means that everything Java would go back to one corporation that can just rake in the bucks, because writing a completely new API breaks everyone else's work and requires a almost total rewrite.

      Basically allowing API's to be copies is, imnsho, a reasonable fair use exception. Interoperability is more important than another multinationals profit.

  5. Re:Lets eliminate copyright by Jason+Levine · · Score: 4, Insightful

    Copyright does have its uses. Without it, someone could publish a book and have a movie company make a movie based on the book right away without giving the author anything. The problem with copyrights is that the terms and penalties have gotten all out of whack.

    Copyrights now last for 90+ years and judges have indicated that any length of time is fine so long as it is limited. By this logic, they could extend copyright to 1 million years and argue that this is a "limited" period of time. Copyright lengths should be reduced to 14 years with a one-time, paid 14 year renewal. If something isn't making you enough money after 14 years to warrant paying for renewal, you let it go. And after 28 years, you should be able to milk everything out of it that you could so you release it to the public domain and make something new.

    On the penalties front, the penalties were set in the days when casual copyright infringement was hardly ever prosecuted. People made and shared mix tapes recorded off the radio, but weren't sued for it. People who made multiple copies of CDs and sold them on the street corners, though, would find themselves in court facing huge fines. I'd argue that we should keep "commercial copyright infringement" fines where they are and cap "non-commercial/home infringement" at 10x the cost of buying the item infringed on. So if you uploaded 1,000 songs, you would face a fine of $0.99*10*1,000, or $9,900. High enough to act as a deterrent but not so high as to bankrupt you immediately. (Right now, uploading 1,000 songs would mean a fine of $750,000 to $150,000,000.)

    If we reigned in copyright's length and fines, the balance would be restored and the usefulness of copyright would shine through again.

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  6. Let's all have crappy computers! by headkase · · Score: 4, Insightful

    Remember way back when at the dawn of the PC era? When Tandy clean-room reversed engineered IBM's BIOS? That led directly, directly, to the PC as an open-platform. If the PC wasn't open, and therefore became the de-facto standard, then very arguably we would be stuck with crappy machines right now because innovation would have been dead. IBM would have had a strangle-hold on their implementation and if you didn't like their MicroBUS then you could build your own complete architecture. Copyrighting API's sounds good to non-technical people but people in the know know that it is the death-knell for advancement. The specific implementation deserves copyright but API's, and various implementations of them, are what foster competition and therefore better stuff, faster.

    --
    Shh.