[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: SUN RPC code is DFSG-free



We interrupt this thread to bring you new and exciting information:

On Thu, 28 Aug 2003, Anthony Towns wrote:
> Every copyright case that's lost by the defendents is an example.
> That's the point: if you come up with the exact same expression, then
> either you've copied, or there's a lack of originality in the work to
> start with.

What you both seem to be arguing here is a question of fact, not of law.

The question that is asked is:

Was the work copied or not?

That's what juries (or judges when there is no jury) do in civil
cases. They try the facts.[1]

You would be hard pressed to get a jury to agree that two identical
thousand page novels were developed independently. However, if a jury
decides that they were, there is no law stating that copyright
infringement has to have taken place, or the works didn't have enough
originality to be copyrighted in the first place.

We return you now to your regularly scheduled thread.


Don Armstrong
1: At least in the US system. I can't speak for the legal systems of
any other country with any degree of acuracy.
-- 
Democracy means simply the bludgeoning of the people by the people for
the people.
 -- Oscar Wilde

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu

Attachment: pgpo95WWKoNEY.pgp
Description: PGP signature


Reply to: