[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: Does GNUstep infringe on Apple's Intellectual Property?
From: |
Jason Clouse |
Subject: |
Re: Does GNUstep infringe on Apple's Intellectual Property? |
Date: |
Mon, 25 Aug 2003 23:29:59 -0400 |
<<I think that Apple's copyrights on OpenStep and Cocoa>>
No, there is no copyright on OpenStep or Cocoa. The names are trademarked but
that has nothing to do with copyright. And we're not using the names to refer
to our code. We only use them in passing to refer to the NeXT and Apple
documentation. You can't copyright names and you can't copyright an API. You
can only copyright documents (books, music, articles, source code, etc.).
So the *document* containing the OpenStep spec is copyrighted. So long as
you're not redistributing the *document* (or parts thereof exceeding the
percentage allowed for fair use) you're fine. And if you've been granted
permission to redistribute the document, you can do that. But it has nothing
to do with any information you've gained from the document.
This is like a doctor performing an operation he learned about from a
copyrighted textbook. He's not violating copyright by using his knowledge. If
he photocopied more than a small portion of the book and gave it to the
patient, that would be a violation of copyright.
<<give it, at least, owner of the all the object names and methods under the "NS"
prefix.>>
No, there's no copyright on prefixes. And just as a refresher, copyright isn't
about 'owning' anything. You 'hold' a copyright for a limited period of time.
Ownership is in perpetuity.
<<More importantly, Apple's copyright also extends indirectly to specific
functionality>>
No, functionality is not something on which you can hold a copyright.
<<For example, let's say I wanted to rip off McDonald's, with a chain of fast-food hamburger restaurants
called JackDonald's. McDonald's would have me shut down before I served my first "BigJack" (for
those Europeans who do not know, McDonald's is famous for its' "BigMac"). However, I am mixing
trademark and copyright law here to make this easier to understand.>>
Trademark and copyright serve entirely different purposes and work in
completely different ways.
<<More clearly, GNUstep is exactly (and indeed supposed to be) a copy of the OpenStep
interface. Therefore, what are the legal implications?>>
As others have noted, this has been decided in some large court cases. Legal
precedent is strong and well defined with respect to APIs.
<<Here is a better analogy.
Copyright law clearly protects songs. The copyright holder is protected against any
coding scheme: analog records & tapes, digital CDs and any compressed format: MP3,
AAC ...>>
Nope, still getting it wrong. The format doesn't matter because the offense is
distribution of copyrighted material. The analog in our case would be
redistributing the OpenStep reference documentation in RTF, MS Word, PDF, HTML,
etc.
<<Therefore, copyright law covers the interface, not just the implementation of
OpenStep / Cocoa.>>
These are not 'interfaces'. They are ways of distributing a copyrighted
document.
You really have nothing to worry about. I know copyright can be confusing and
scary--especially with some of the stuff going on with SCO right now. And I'm
sure you're simply worried about getting yourself into a situtation where
you're going to be in trouble. But you're agonizing over a non-problem here.
I'd be a whole lot more worried about getting struck by lightening and a lava
flow at the same time than I would about this.
- Re: Does GNUstep infringe on Apple's Intellectual Property?, (continued)
- Re: Does GNUstep infringe on Apple's Intellectual Property?, John Anderson, 2003/08/25
- NO! (Re: Does GNUstep infringe on Apple's Intellectual Property?), Gregory John Casamento, 2003/08/25
- Re: NO! (Re: Does GNUstep infringe on Apple's Intellectual Property?), Scott Christley, 2003/08/25
- Re: NO! (Re: Does GNUstep infringe on Apple's Intellectual Property?), Gregory John Casamento, 2003/08/26
- Re: NO! (Re: Does GNUstep infringe on Apple's Intellectual Property?), Jason Clouse, 2003/08/26
- Re: NO! (Re: Does GNUstep infringe on Apple's Intellectual Property?), Pascal Bourguignon, 2003/08/26
- Re: NO! (Re: Does GNUstep infringe on Apple's Intellectual Property?), Banlu Kemiyatorn, 2003/08/26
- Re: NO! (Re: Does GNUstep infringe on Apple's Intellectual Property?), Gregory John Casamento, 2003/08/26
- Re: NO! (Re: Does GNUstep infringe on Apple's Intellectual Property?), Banlu Kemiyatorn, 2003/08/27
Re: Does GNUstep infringe on Apple's Intellectual Property?, John Anderson, 2003/08/25
Re: Does GNUstep infringe on Apple's Intellectual Property?,
Jason Clouse <=