Article View: comp.sys.misc
Article #1387copyright laws
From: Lauri Hirvonen
Date: Wed, 03 Feb 1988 07:28
Date: Wed, 03 Feb 1988 07:28
61 lines
3050 bytes
3050 bytes
Sender:
Followup-To:
Keywords:
Some time ago, I did send a message to the net talking about is a programmer
just selling his time to software company or an artist?
It was also placed in some local BBS's in Finland.
Here is a reply received from a person working in the largest computer
company of Finland. It is his personal opinion, but he is known to be
well informed on these topics.
SW-COPYRIGHT PROBLEM, by Esko Hirvonen, Nokia Corporation, Finland.
1. The ultimate goal of patentlaw and other intellectual-
right-laws for USEFUL products is the benefit of the
mankind. It motivates the inventors to publish their
inventions if they have a monopoly for their inventions
during a limited period. Otherwise they probably use their
inventions in secret, which limits technology transfer.
2. The ultimate purpose of the copyright laws is to protect
the honor and publishing rights of the CREATOR of an
ART-WORK. The value of art is not time-dependent and
copyrights are usually valid 50 years after the death of
the creator. Only the appearance of the art-work can be
copyrighted, not the idea or structure of it.
3. Common sense agrees that the original owner of the
ART-WORK is the creator and the owner of an useful
product is the risktaker, usually the salarypayer of
the inventor.
4. The problem with SW-rights is that the value of the
product depends how USEFUL it is, not how beautiful it
is. However for practical reasons the copyright law is
used in most countries to protect SW. This creates new
problems. The CREATIVE work of a SW can be done and is
mostly done in definition stage, which can not be protected
and the appearance, which can be protected is done in
the coding stage, where very little or no creativity is
needed. In this case it is very difficult to find a
copyright owner at all. This is a fundamental limitation
of the copyright law in SW-protection and can not be
avoided by minor modifications in the law-text.
5. I anticipate, that a separate law for SW-protection
will emerge within 10 years. SW-protection belongs to
industrial-rights, it is not like art-work-copyrighting,
where the artists can for example claim extra pay for
reusage of the products.
6. In SW trade definite ownership of the product for the
seller is necessary. If the law in some countries does
not support this, big companies do not buy or make
SW-products in these countries.
Technical Details
Message-ID:
<589@clinet.FI>Path:
arc1-ca.pugleaf.net!utzoo!mnetor!uunet!mcvax!enea!tut!santra!clinet!lareShow Full Headers
Complete Article Headers
Path: arc1-ca.pugleaf.net!utzoo!mnetor!uunet!mcvax!enea!tut!santra!clinet!lare From: lare@clinet.FI (Lauri Hirvonen) Newsgroups: comp.sys.misc,comp.misc Subject: copyright laws Message-ID: <589@clinet.FI> Date: 3 Feb 88 07:28:42 GMT Reply-To: lare@clinet.UUCP (Lauri Hirvonen) Organization: City Lines Oy, Helsinki, Finland Lines: 54 Summary: new laws needed