Re: algorithm copyright? what's that?
On Wednesday 03 October 2007 04:38:10 am Ryan R. Matt wrote:
> Patents are totally separate from Copyrights. For a patent, you
> need to show that the item being patented is new, useful, and
> non-obvious. You also would have a patent registration number on
> file with a nation's patent office. Copyrights don't have the same
> requirements and therefore you can copyright a software algorithm.
This last sentence is most curious... that copyrights and patents
have different requirements does not inexorably lead to the
conclusion that you can "copyright a software algorithm." My
understanding is that an algorithm is an "idea" not "expression"...
a method, a process, a way of getting something done. The computer
code is the expression of that algorithm, but they are two distinct
entities.
It is a generally accepted principle (although there are certain
places in the case law where exceptions can be found) that ideas are
protected by patents and expressions are protected by copyrights and
the two do not overlap.
Back to the license in question... they have a copyright in the
expression of their algorithm, but unless they have gone through the
process of patenting they do not hold a patent on the idea that is
the algorithm, and thus anyone is free to re-implement that algorithm
on their own.
-Sean
p.s. still can't say I am a lawyer, 'cause I still haven't ponied up
the money to the Cali State Bar.
--
Sean Kellogg
e: skellogg@gmail.com
w: http://blog.probonogeek.org/
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