> Can one replicate the 'look and feel' without copyright issues in the EU
now?

I might add that "look and feel" might be subject to copyright protection.
Copyright, again, protects *expression.*

If I wrote a z/OS system monitor that cleverly displayed the status of
started tasks as bouncing balls of various sizes and colors, that expression
might be subject to copyright, but the function of displaying the status of
started tasks graphically would not.

Charles

-----Original Message-----
From: IBM Mainframe Discussion List [mailto:IBM-MAIN@bama.ua.edu] On Behalf
Of Charles Mills
Sent: Wednesday, May 02, 2012 10:16 AM
To: IBM-MAIN@bama.ua.edu
Subject: Re: Programming languages can't have copyright protection, EU court
rules

Lots of confusion here.

1. US and EU are of course different. Laws and precedents don't matter much
from one to the other.

2. Copyright in the US has never protected programming language
specifications, etc. Google Lotus v. Borland, the seminal case, which went
all the way to SCOTUS.

3. Copyright and Patent are way different. Copyright is trivially easy to
get and  protects expression: think of poetry. Copyright protects a
particular COBOL manual and compiler source code but not the concepts and
functions of COBOL. Patents are very hard to get and protect function. This
decision has no relationship to patents (except that it reaffirms that
copyright does not protect the things that only a patent would protect).

4. "Intellectual Property" is the name of the kind of stuff copyrights and
patents protect. It is not a form of protection of its own. "Personal
property" is not a form of protection, but personal property is protected by
theft laws.

Charles

-----Original Message-----
From: IBM Mainframe Discussion List [mailto:IBM-MAIN@bama.ua.edu] On Behalf
Of Hal Merritt
Sent: Wednesday, May 02, 2012 10:01 AM
To: IBM-MAIN@bama.ua.edu
Subject: Re: Programming languages can't have copyright protection, EU court
rules

I'm not a lawyer and don't pretend to understand the ramifications, but this
sounds huge. 

"The result is that the court finds that ideas and principles which underlie
any element of a computer program are not protected by copyright under that
directive, only the expression of those ideas and principles."

What does the above really mean? Can one replicate the 'look and feel'
without copyright issues in the EU now? 

In the US, there is the concept of 'intellectual property' that seems to
protect ideas from theft. Does that now mean open season in the EU? 

Or am I confusing copyright with patents? 

Granted, I currently think that the US patent system is broken, but this
seems a bit of an over kill.  
 

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