On Tue, Aug 26, 2003 at 09:36:13PM +0100, Andrew Suffield wrote: > > You're invited to demonstrate an instance of someone coming up with the > > exact same expression of the exact same copyrightable idea being sued > > for copyright infringement and winning on the grounds of independent > > reinvention. For bonus points make it an instance where they had access > > to the original work. > I'll have to pass on this one, as I've never heard of anybody being > sued for this at all, but I counter-invite you to come up with an > example of anybody coming up with the same expression of the same > copyrightable idea being sued for copyright infringement and > *losing*.
Every copyright case that's lost by the defendents is an example. That's the point: if you come up with the exact same expression, then either you've copied, or there's a lack of originality in the work to start with. > I don't think any case law exists (or ever will exist) on > the subject, so we'll have to work with the statutes - which, at least > in the US and EU, are fairly clear that independant innovation is a > valid way to avoid copyright issues. No, independent innovation is a valid way of *gaining* copyright on a work. The way you demonstrate it's independent from other works, is by demonstrating it's *different* to other works. Cheers, aj -- Anthony Towns <[EMAIL PROTECTED]> <http://azure.humbug.org.au/~aj/> I don't speak for anyone save myself. GPG signed mail preferred. ``Is this some kind of psych test? Am I getting paid for this?''
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