Hyman Rosen wrote:
On 3/23/2010 11:29 AM, RJack wrote:
If creators can prove they have authored some original code and
properly register their that original code with the Copyright
Office and can prove they released their own code under a legally
enforceable copyright license
So far, so good.
and can demonstrate substantial similarity in copying protectable
code without permission
I'm not sure what this means. Do you mean that they can show that
someone has copied and distributed copyrighted code without
permission?
Verbatim copying is not required to prove infringement. Only
"substantial similarity" is required. This is a matter for the triar
of fact (jury) to determine.
http://en.wikipedia.org/wiki/Substantial_similarity
Copyrighting isn't enough to protect a computer program. The source
code must be "protectable" e.g. pass the AFC test. This is a matter
settled by expert witness testimony.
http://digital-law-online.info/lpdi1.0/treatise24.html
it is their right to sue for copyright infringement of their own
code. That sounds like great copyright law to me.
That is copyright law as currently constituted. What's your point?
Sincerely,
RJack :)
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