Re: SUN RPC code is DFSG-free
On Tue, 26 Aug 2003, Anthony Towns wrote:
>On Mon, Aug 25, 2003 at 11:51:49AM +0100, Andrew Suffield wrote:
>You're invited to demonstrate an instance of someone coming up with the
>exact same expression of the exact same copyrightable idea being sued
>for copyright infringement and winning on the grounds of independent
>reinvention. For bonus points make it an instance where they had access
>to the original work.
>Personally, I consider the possibility of anyone being able to get away
>with a defense of that form exceedinly unlikely.
AFAIK, this is called lack of originality|creativity and
there a lot of cases worldwide. At least I can remember several
cases for the last decade only in Russia. If you google 'lack of
originality copyright', you probably get some examples yourself.
Of course, if you can independently reinvent the same work,
it prove that work unoriginal and, therefore, does not deserve
copyright "protection" at all. Because of that, sides often
prefer not to wait judge's verdict, but settle the case