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Article #10

Re: Copyright vs. Patent (was:INTERESTING DEVELOPMENT... Re: LONG REPLY: )

#10
From: Marcus
Date: Wed, 09 Sep 1998 00:00
62 lines
3426 bytes
<Almost everything case-specific is snipped>

>Regarding the legality of what I propose...
>
>Correct me if I'm wrong, but access and similarity are not sufficient
>grounds for calling my proposed product a breach of *copyright.*  My
>understanding regarding copyright protection is that it would offer
>MicroSurfer protection only against verbatim, virtually identical copying,
>either at the program source or executable code level.  That is, you can't
>copyright an idea, but only the expression of that idea.  (The code.)


To the best of my knowledge, that is a pretty accurate description. The important thing is you can copyright the entire code, not specific algorithms, etc. 

>Now I guess that's where a patent comes into play

Correct. I might add that there are countries that have ruled software unsuitable for patent protection, Sweden for example.

<snip>

>They do differ in the way the user controls the program, but the idea is the same.  As far
>as I know, you cannot protect the way the user controls the program.


Now, interface matters are tricky. If the tasks performed  consists of dragging and dropping in standard GUI (Windows) fashion, no need to worry. This does not however rule out the risk of infringement altogether. If there are special menus or some other new way of, say, filing documents, you could well have a case. 

>So, although I understand Magic Baby's attempt to protect their market
>share, it is only that -- an attempt to protect their market share.  There
>are no legal grounds for preventing another competitor from entering the
>marketplace.  But, please... convince me otherwise.


You could argue that copyrights are just that, a legal ground for preventing entry in a very specific marketplace, it's all about rent-seeking after all.

Just my 0.02 

Marcus Nyman

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From: "Marcus" <m-nyman@algonet*spam-shield*.se>
Subject: Re: Copyright vs. Patent  (was:INTERESTING DEVELOPMENT... Re: LONG REPLY: )
Date: 1998/09/09
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