An article by a U.S. patent attorney says Bilski doesn't really present an obstacle to software patents, if the patent attorney understands software the way a programmer does. The article explains that one of the keys is to "define the process as it is done by a computer." You just can't refer to it as "software." And, you need to "protect software in an indirect manner by protecting the computer itself, and by protecting a computer implemented process." This is why the patent law world needs more former programmers with law degrees.
Agreed. This is something every respectable journalism school teaches students not to do in practice. A journalist is betraying his profession when he intentionally sets out to "get" someone or hurt their reputation without a true news angle or some compelling reason to convey the information -- especially when the victim is not a public figure. Printing a quote or small excerpt from the original piece within a larger commentary or news story might be acceptable, but publishing the work, in its entirety, as if it had been submitted to the editor by the author, when it was not, is absolutely against good professional practice. That kind of unethical action -- if that's what happened -- is also a good hint that a basis for a lawsuit may linger within the facts (e.g. a common law tort action, such as intentional infliction of emotional distress), although determining that would require more information and analysis by a qualified lawyer.
It appears the consensus is that the girl's original work was protected by copyright. As explained above, one can still win a claim of copyright violation without registering the work prior to the violation. The act of registration is not required in order to establish or create the copyright. Rather, the copyright inheres in the work when it is created. (Of course, it's worth remembering that while this reporter is writing mainly about copyright violations, there may be other causes of action that would make for a stronger case, if the girl chooses to pursue them.)
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An article by a U.S. patent attorney says Bilski doesn't really present an obstacle to software patents, if the patent attorney understands software the way a programmer does. The article explains that one of the keys is to "define the process as it is done by a computer." You just can't refer to it as "software." And, you need to "protect software in an indirect manner by protecting the computer itself, and by protecting a computer implemented process." This is why the patent law world needs more former programmers with law degrees.
Agreed. This is something every respectable journalism school teaches students not to do in practice. A journalist is betraying his profession when he intentionally sets out to "get" someone or hurt their reputation without a true news angle or some compelling reason to convey the information -- especially when the victim is not a public figure. Printing a quote or small excerpt from the original piece within a larger commentary or news story might be acceptable, but publishing the work, in its entirety, as if it had been submitted to the editor by the author, when it was not, is absolutely against good professional practice. That kind of unethical action -- if that's what happened -- is also a good hint that a basis for a lawsuit may linger within the facts (e.g. a common law tort action, such as intentional infliction of emotional distress), although determining that would require more information and analysis by a qualified lawyer.
It appears the consensus is that the girl's original work was protected by copyright. As explained above, one can still win a claim of copyright violation without registering the work prior to the violation. The act of registration is not required in order to establish or create the copyright. Rather, the copyright inheres in the work when it is created. (Of course, it's worth remembering that while this reporter is writing mainly about copyright violations, there may be other causes of action that would make for a stronger case, if the girl chooses to pursue them.)