On Sat, Feb 24, 2007 at 09:22:21PM +0530, Abhijit Menon-Sen wrote:
> BTW, have you read Lexmark vs. Static Control?

the copyright-infringement part of that suit related to a really tiny program 
that had to operate in constrained circumstances (i believe 50 bytes long or 
so). to the defence that copying the program as is was the only reasonable way 
to express the algorigthm - which was not patented, apparently - may work. for 
any reasonably larger program such an argument is not likely to be as effective.

the whole domain of software copyright is a total mess. as greg aharonian has 
been arguing for years, courts and statutes for software copyright have been 
incredibly confused (the naive assumption that copyright infringement == 
literal copying is wrong, as sometimes you can infringe without any literal 
copying and other times you don't infringe despite literal copying). 

of cource, greg's solution is that patents (only) are the means of protection 
for software authorship rights, and many may not agree with that.

-rishab

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