Waaaaay OT, but FWIW, Whelan v. Jaslow ruled that copyright protected code re-written from one programming language to another. As I recall the case, it was a transcription from IBM Series/1 EDX to something else, maybe PC Pascal. And the plaintiff was able to show that "dead" code that was never called and could not be reached and therefore had no function had been ported, showing clearly that the "expression" had been stolen.
Not to disagree with the substance of what you have said in any way. Charles -----Original Message----- From: IBM Mainframe Discussion List [mailto:[EMAIL PROTECTED] On Behalf Of Walt Farrell Sent: Thursday, December 14, 2006 2:49 PM To: IBM-MAIN@BAMA.UA.EDU Subject: Re: IBM sues maker of Intel-based Mainframe clones On 12/14/2006 9:41 AM, Chase, John wrote: > What does a patent do for your software "invention" that copyright does > not? I.e., why is copyright not sufficient? I'm not a lawyer, and so this is only approximate. However, in simple terms: (a) copyright protects an expression of an idea: a poem, drawing, painting, story, essay, novel, etc. Or code, which is an expression of an algorithm/idea. But it protects one specific expression of that idea. If someone used your program, as-is or with only minor modifications, copyright could protect you. It would not protect you if they took your techniques, massaged them a bit, and perhaps rewrote into a different programming language. (Though even there, if they duplicated a GUI closely enough, copyright might apply.) (b) patents protect a way of doing something. The exact code is irrelevant in most cases. It would not matter whether you did that thing in Java, or REXX, or PL/I. What counts is the problem you're solving, and the method you're using to solve it. The actual code can remain a trade secret, or not, but it is usually not that exact code (expression) that you're protecting, but the idea behind it. A copyright could stop someone from using your program; a patent could stop them from creating their own program that duplicates your ideas. ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [EMAIL PROTECTED] with the message: GET IBM-MAIN INFO Search the archives at http://bama.ua.edu/archives/ibm-main.html
