Rick: Can you name a single case where a US court has said that if literal copying of code is required for interoperability of practical software or other practical tools (printer cartridges, garage door openers, etc), that this gives the copyright owner control over the markets for add-on products?
It seems to me that courts in the US have consistently rejected such arguments and have done so for some time. The only cases to the contrary involve markets which are not for practical tools. Indeed I think the difference between Midway and Galoob is precisely this difference. Galoob's game genie was deemed to be a practical tool that allowed a user to engage in behavior considered to be fair use, while the software at issue in Midway was deemed to create a new entertainment work. Best Wishes, Chris Travers _______________________________________________ License-discuss mailing list License-discuss@opensource.org http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss
