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- Path: sparky!uunet!mcsun!uknet!newcastle.ac.uk!tuda!dph3gds
- From: Graham.Shaw@newcastle.ac.uk (G.D.Shaw)
- Newsgroups: misc.int-property
- Subject: Re: Copyright and Derivative Works
- Message-ID: <Bt6D2K.6sJ@newcastle.ac.uk>
- Date: 18 Aug 92 10:27:56 GMT
- References: <Bt375A.By0@newcastle.ac.uk> <16q33kINNmmj@early-bird.think.com>
- Organization: University of Newcastle upon Tyne, UK NE1 7RU
- Lines: 50
- Nntp-Posting-Host: tuda
-
- In article <16q33kINNmmj@early-bird.think.com> barmar@think.com (Barry Margolin) writes:
- >
- >G.D.Shaw pointed out that it's impossible to "prove" that something is a
- >copy or derivative work when computers are involved, and asked how we are
- >to reconcile copyright law with this.
- >
- >There's a simple answer: it's not a problem (at least in the USA). Civil
- >law doesn't require absolute proof, it just requires you to make a better
- >case than your opponent so that you can convince a judge or jury. It's not
- >even as stringent as criminal law, which requires proof "beyond a
- >reasonable doubt" in order to convict the defendant.
- >
- Two points:
-
- 1) I did not merely say that it was impossible to prove similarity
- 'beyond reasonable doubt' - as you say, that is not necessary in a
- civil case. My point is that there are cases where a text can
- (a) be derived from another, (b) be useful to the recipient but
- (c) which cannot be shown to be a derivative (or even be similar)
- to any standard of proof whatsoever.
-
- 2) I was not challenging the assumption that "text A is similar to
- text B" implies "text A is derived from text B". It is not a valid
- statement of logic, of course, but it is a reasonable assumption
- (on the grounds that it is unlikely anyone would write a program
- exactly identical to Lotus 1-2-3 (tm) simply by chance).
-
- What I was challenging was that "text A is derived from text B"
- implies that "there will be discernable similarity between text
- A and text B". While it is true for most types of transformation
- likely to be performed by humans, it is not true for many
- transformations that could be carried out by a computer.
-
- The fundamental problem is this: the information content of a text
- is a relative, not an absolute quality. It is possible for a text
- to be derived from an original without carrying any information
- about the original. It is also possible for subsequent text that
- was not in any way derived from or contaminated by the original
- to convey enough information to reconstruct the original in its
- entirity.
-
- Finally, perhaps I should make clear that I am not talking about
- 'practical' law here - I am talking about what the judges should
- uphold, not what they would. I am also aware that few (if any)
- judges are in the least bit qualified to judge what is right or
- wrong in this area. (Nor, for that matter, are most of our
- legislators.)
-
- Graham Shaw (dph3gds@tuda.ncl.ac.uk)
- Department of Physics, Durham University, England.
-