Re: SCO identifies code?

["Paul Smith" <pausmith@nortelnetworks.com>]

%% John Hasler <john@dhh.gt.org> writes:

  jh> Bill Moseley writes:

  >> What bugs me about SCO's claims is that, at the OS level, there may
  >> not be that many different ways to do things -- especially when
  >> talking to hardware.

  jh> If there is only one way to do it code that does so does not get
  jh> copyright protection.  If there are only a few ways to do it a
  jh> defense of independent invention becomes plausible.

Also, it's not good enough to simply have similar code.  You have to
show that the person had access to the original code and so had an
opportunity to copy it.

Copyright is not patents: in copyright you actually have to have copied
the original.  In patents you don't: even if I produced the same thing
completely independently I still can't use it without your permission if
you have a patent on it.


IANAL, of course.

-- 
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 Paul D. Smith <psmith@nortelnetworks.com>   HASMAT--HA Software Mthds & Tools
 "Please remain calm...I may be mad, but I am a professional." --Mad Scientist
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