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Re: The death of copyright in software
From: |
Alexander Terekhov |
Subject: |
Re: The death of copyright in software |
Date: |
Fri, 01 Jun 2007 01:52:19 +0200 |
Stefaan A Eeckels wrote:
[...]
> structurally
Once again (albeit different link):
http://www.groklaw.net/articlebasic.php?story=20040715212732854
<quote>
Altai has been viewed as a landmark decision as it incorporates
many traditional principles of copyright law into a single
analytical framework seemingly suitable for computer software.
However, when honestly applied, the abstraction-filtration-
comparison test eliminates protection for computer programs by
entirely filtering out not only the individual elements of
computer programs such as software objects but also the
compilation of selection and arrangement expression that is the
program's structure, since both are designed with efficiency in
mind.
[...]
It is more appropriate to consider the software objects of a
computer program as analogous to the gears, pulleys, and levers
of a mechanical invention, as by its very nature, the design of
computer software is intended to optimize functionality by
making a program run faster, use less memory, or be easier for
the programmer to modify. When viewed as a collection of
software objects combined in such a way as to optimally perform
various tasks, the design of computer software closely
resembles the design of functional devices protected by patent
law rather than the non-functional, non-literal elements of
creative authorial works protected under copyright law.
</quote>
regards,
alexander.
--
"I can change the rules."
Herr Prof Eben
http://www.linux.com/blob.pl?id=796772290d97058074d8c909e3dde1eb