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- From: dreier@lhasa.berkeley.edu (Roland Dreier)
- Newsgroups: gnu.misc.discuss
- Subject: Re: "official" FSF position on apple
- Date: 15 Sep 92 19:11:17
- Organization: U.C. Berkeley Math. Department.
- Lines: 73
- Message-ID: <DREIER.92Sep15191117@lhasa.berkeley.edu>
- References: <DREIER.92Sep14154407@beirut.berkeley.edu>
- <1992Sep15.005357.14302@kithrup.COM>
- <DREIER.92Sep15145233@lhasa.berkeley.edu>
- <1992Sep15.224536.5018@kithrup.COM>
- NNTP-Posting-Host: lhasa.berkeley.edu
- In-reply-to: sef@kithrup.COM's message of 15 Sep 92 22:45:36 GMT
-
- In article <1992Sep15.224536.5018@kithrup.COM> sef@kithrup.COM (Sean Eric Fagan) writes:
- In article <DREIER.92Sep15145233@lhasa.berkeley.edu> dreier@lhasa.berkeley.edu (Roland Dreier) writes:
- I wrote:
- >Apple has sued uSoft and HP over "user-interface copyright violation."
- and
- >USL is suing BSDI and UCB, claiming that the Net/2 tape contains copyrighted
- >(or trade-secret-protected) USL code.
- Roland wrote:
- >So let me get this straight: Apple sued people, claiming their
- >copyrights were infringed. This, of course, was evil and perfectly
- >valid grounds for a boycott. USL is in the process of suing some
- >people, claiming that their copyrights were infringed. Of course,
- >this is completely understandable and we shouldn't hold it against
- >them.
-
- [..]
-
- The LPF, the FSF, and a whole mess of people unaffiliated with either
- (including myself) do not believe in the validity of a "user-interface"
- copyright, that is, that the actions and "look'n'feel" of a program or
- system are copyrightable. A large number of the people in that group
- (including myself) believe that making a "user-interface" copyright valid is
- going to open up a whole can of worms, and potentially destroy the
- free-software market, namely by making it illegal for someone to come up
- with a work-alike program for free that some entity has a non-free version
- of.
-
- In addition, USL has expressly stated that they *WILL NOT* sue people who
- clone their system, such as MWC's Coherent. Their problem with the Net/2
- tape is that they claim it contains portions of their code. They may or may
- not be right; I do not think they are, but I think they may have enough
- doubt to justify a lawsuit.
-
- The rest of the posting is more of what I would call idiocy if I were in the
- mood, but I'm not, so I'll just call it purposeful ignorance, and leave it
- up to Roland to do some research into the subject before posting again. Or
- at least have someone else try to point out his errors.
-
- OK, I'll admit I haven't done any reasearch on this subject since my
- last post. But the point I was trying to raise is that both Apple and
- USL feel that copyrights they hold have been infringed. *YOU* may
- feel that Apple's copyright is without merit. But usually that is up
- to the court to decide. You are very even-handed is allowing that USL
- may have a case, even if you don't think they do. I think this should
- extend to Apple's case.
-
- Yes, there is a difference between source code and "look and feel."
- But source code is also different from a song, and people seem to
- think that both songs and source code can be copyrighted. Apple
- happened to feel that their user interface also represented a
- copyrightable work; you and the judge in their case don't think so.
-
- On one hand, user interface copyrights are a bad thing; but on the
- other hand, Apple spent quite a bit of time, effort and money thinking
- out many aspects of their user interface and it seems that perhaps
- they should be protected from having that work stolen by others
- unwilling to either do the work themselves or license it from Apple.
- As in the USL case, the merits of their copyright and the issue of
- whether the defendents infringed them are two separate issues.
-
- An example of this type of thing might be if I read someone's proof
- of a hard theorem, understand it, and write my own proof using the
- ideas of this proof but none of the specific language, and then
- claim it as my own. I would still be guilty of plagiarism, even if
- I use none of the "source code."
-
- I am not specifically for or against Apple, USL, FSF, Berkeley, or
- anyone in particular. I am just pointing out what I think is a weak
- link in the FSF's reasoning. That doesn't make me stupid (as I have
- been called by several people). I do know the difference between
- source code and a user interface, contrary to what you might think.
- --
- Roland Dreier dreier@math.berkeley.edu
-