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Re: Identify auto tick locations
From: |
Peter A. Gustafson |
Subject: |
Re: Identify auto tick locations |
Date: |
Thu, 1 Nov 2007 18:46:15 -0400 |
User-agent: |
KMail/1.9.7 |
On Thursday 01 November 2007 15:51:38 Przemek Klosowski wrote:
> IANAL either, but John is right in being very cautious about avoiding
> even an appearance of copyright impropriety. The only legally accepted
> way of re-implementing copyrighted algorithms is the 'cleanroom'
> methodology where one party studies the heck out of a protected
> implementation, and writes a functional specification, and the other,
> independent party implements it.
IANAL either. Geez, I never thought I'd actually want to have a lawyer chime
in on something.
On copyright from:
http://www.copyright.gov/circs/circ61.html
--------
Extent of Copyright Protection
Copyright protection extends to all the copyrightable expression embodied in
the computer program. Copyright protection is not available for ideas,
program logic, algorithms, systems, methods, concepts, or layouts.
--------
On patents from:
http://www.uspto.gov/web/offices/pac/doc/general/what.htm
--------
In the language of the statute, any person who “invents or discovers any new
and useful process, machine, manufacture, or composition of matter, or any
new and useful improvement thereof, may obtain a patent,” subject to the
conditions and requirements of the law. The word “process” is defined by law
as a process, act or method, and primarily includes industrial or technical
processes.
--------
(Factual: http://www.bitlaw.com/software-patent/history.html)
A computer algorithm has (in recent years) but classified as a process and
therefore must be protected by patent if it is to be protected. Prior to that
recent times, it had no protection.
(Untrained opinion)
The gray areas are "what is expression" and "what does it mean to copy an
expression". It seems clear to me that gnuplot is published and not
patented. No protection for the algorithm, only the expression of the
code. "Expression" is at the core what we are debating.
(Rambling)
You can reimplement an algorithm after studying it in detail (think scientific
journal, people write software all the time based on published algorithms).
You can't copy for distribution the expression of the code (without release).
I realize this email is not helpful, in the sense it sheds no light on
whether the proposed code here is "copying the expression". I agree we
should avoid even the appearance of impropriety. However phrases
like "cleanroom methodology", "copyrighted algorithm", and "prose" only serve
to confuse the problem.
Lets cite facts and express opinions, and try not to blur that line with
loosely defined or poorly understood language. Otherwise we'll all be
lawyers. :)
Cheers,
Pete