tag:blogger.com,1999:blog-5574479.post6314246946583395233..comments2024-03-18T17:10:35.838+00:00Comments on The IPKat: If you think software patents are a pain, try software copyrightsVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-5574479.post-22668438942046426782011-02-15T14:47:59.944+00:002011-02-15T14:47:59.944+00:00It seems that World Programming has copied the int...It seems that World Programming has copied the interface of all functions to support sas base code. As far as I know the interface of software is covered by the authors' rights. I am curious what the european court is going to say. <br />Maxim IvashkovM.Ivashkovhttps://www.blogger.com/profile/12229609738785520646noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-67987815384382591772010-07-28T23:16:46.304+01:002010-07-28T23:16:46.304+01:00@Marshal - But WPS doesn't do something simila...@Marshal - But WPS doesn't do something similar to SAS - as WPL themselves admit, it acts on identical language keywords with identical results:<br /><br /><i>73. WPL has also always openly admitted that, with limited exceptions, the response of WPS to SAS scripts and data is intended to be identical to the response of the SAS Components and is in fact identical. The reason why this is so is that that is what customers for WPL insist on. Dr Quarendon explained to me that, even though it was always intended that the response would generally be identical, he had been surprised at the extent to which customers perceived any deviation at all from an identical response as constituting a bug in WPS.</i><br /><br />So I think it fair to say that an exception to usual copyright law is required to avoid infringement of copyright in the choice of language keywords, at least - the expression/idea distinction isn't sufficient.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-33948473455208166072010-07-28T20:06:48.424+01:002010-07-28T20:06:48.424+01:00Marshal -- thanks for your clarification!Marshal -- thanks for your clarification!Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-78105587259734922942010-07-28T19:40:44.991+01:002010-07-28T19:40:44.991+01:00Jeje I think the intonation of my comment got a li...Jeje I think the intonation of my comment got a little bit misunderstood. I was in no way attacking you or similar. Sorry about that.<br /><br />My comment's motivation was to ask what I believe are the fundamental questions in the case, based on copyright theory (and a little rant about software patents I admit :P ).<br /><br />For me, WP is not infringing at all SAS software, based on the fact that copyright protects expressions and not ideas. The source code are not the same, so what WP did was an expression of a software that makes similar actions than the SAS software, but not the same.<br /><br />Thanks to Anynymous that clarify the process of the trial (that I honestly didn't know). Let's hope that the EU Supreme Court sees the fundamental question, based on copyright theory.<br /><br />I hope my point is clarified.Marshalhttps://www.blogger.com/profile/04683999614489707070noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-75665630566227822852010-07-28T10:20:30.409+01:002010-07-28T10:20:30.409+01:00Marshal,
From the IPKat's summary it looks li...Marshal,<br /><br />From the IPKat's summary it looks like the UK judge doesn't think that there's anything wrong (from a copyright point of view) with what World Programming have done, at least as far as the programming is concerned, and that SAS shouldn't be able to use copyright to stop them.<br /><br />However, this area of copyright is controlled by EU law from Brussels and the UK judge is of the opinion that the EU law is not sufficiently clear for him to be certain of what it means. Therefore he must ask the Court of Justice of the European Union to clarify the law for him. [The preceding two sentences are a massive simplification of EU law, but roughly correct I think]. The danger is that the Court of Justice of the European Union, which, as Jeremy says, has little experience in copyright, will produce some strange ruling saying that World Programming do infringe and that SAS can stop them. Because of the way European law works, the UK judge is obliged to follow the European Court's ruling, whether he agrees with it or not, so we will have to wait and see what the European Court has to say. <br /><br />In patent cases you don't get the added level of the European Court to confuse things, so in that sense they're simpler. Whether they're a good thing or not, is another question.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-94280451904300442010-07-28T09:41:19.419+01:002010-07-28T09:41:19.419+01:00Marshal, in asking what the problem is, you're...Marshal, in asking what the problem is, you're demonstrating it. You ask "What's wrong with World Programming creating another language, based on SAS language? They are not the same, just related. Why should SAS be able to stop the creative work of World Programming?". That's just the point -- we can't tell whether World Programme <i>is</i> infringing, because of lack of clarity in applying copyright principles -- which is why the court is going to have to ask all those questions of the Court of Justice, a court which has little familiarity with, and understanding of, copyright issues.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-68505919661959802932010-07-28T09:04:12.116+01:002010-07-28T09:04:12.116+01:00I don't see how this procedures are more compl...I don't see how this procedures are more complicated than the patent ones.<br /><br />In my opinion, the primary problem with software patent is that they restrict the creation to alternatives to solve problems. What's wrong with World Programming creating another language, based on SAS language? They are not the same, just related. Why should SAS be able to stop the creative work of World Programming?<br /><br />I think software patents are not really a good way to go. They delay progress because of the nature of software.Marshalhttps://www.blogger.com/profile/04683999614489707070noreply@blogger.com