On Tue, Aug 26, 2003 at 09:36:13PM +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.
> I'll have to pass on this one, as I've never heard of anybody being
> sued for this at all, but I counter-invite you to come up with an
> example of anybody coming up with the same expression of the same
> copyrightable idea being sued for copyright infringement and
> *losing*.
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.
> I don't think any case law exists (or ever will exist) on
> the subject, so we'll have to work with the statutes - which, at least
> in the US and EU, are fairly clear that independant innovation is a
> valid way to avoid copyright issues.
No, independent innovation is a valid way of *gaining* copyright on
a work. The way you demonstrate it's independent from other works,
is by demonstrating it's *different* to other works.
Cheers,
aj
--
Anthony Towns <aj@humbug.org.au> <http://azure.humbug.org.au/~aj/>
I don't speak for anyone save myself. GPG signed mail preferred.
``Is this some kind of psych test?
Am I getting paid for this?''
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