Re: No longer free to write your own software either

[Roy and/or Janet Miller <millers@inetnebr.com>]

Arkain wrote:

> Thia is a real Pandora's Box, that I knew thy would open but wish they
> didn't. Unless I'm mistaken, this case has set the prescident that entity B
> cannot produce a "clean-room" clone of software written and/or copyrighted
> by entity A.

I think you are mistaken. To some degree. Earlier cases (like Lotus against Adam
Osborne's software company) have already said that you can't clone an
application. Other earlier cases have dismissed "look and feel" copyright
claims. Ideas can't be copyrighted (Sierra's Jawbreaker vs Atari's PacMan)

> Does this mean we will get to see Claris(or whoever bought them
> out)

Claris was owned by Apple - their products still are

> sue Corel & Microsoft over the right to produce text-based word
> processors?

Both of those companies had text-based word processors long, long ago.

> This may seem inane, but since MS Word is directly derived from
> the source code of the original text-based version...

WordStar, MS Word, WordPerfect, AppleWorks, AppleWriter, while all text based,
all have totally different "look and feel". You can't copyright the idea of a
text based word processor, or a graphical lone for that matter.

>
>
> I guess we can also expect to see (whoever it was) that copyrighted the 1st
> hand-to-hand combat fighting game sue Midway, Capcom, Namco, and several
> others for Mortal Combat, Street Fighter, etc... since they are effectively
> conceptual clones.

Again, incorrect - concepts can't be copyrighted. But if you do a total copy of
Pacman, you can expect a visit from lawyers. Ditto on other old games.

> Should we also expect to see ID software suing the makers
> of the James Bond and Turok serieses?
>
> Seems to me that the prescident enforces a monopoly on gaming concepts. Now
> unless I'm mistaken, the Sherman Antitrust Act and several revisions of it
> and other laws expressly forbid such occurances. Otherwise, why would M$
> have lost it's case?
>
> Scary thought... Is M$ going to sue Borland over the RAD interface thing
> since VB preceeded Delphi/Builder? I hope that next time a case like this
> comes up, some wise judge will rule against it.
>

See above. You are worrying about things that you need not worry about. At
least, not based on this case. If someone makes a total clone of Wolfenstein 3-D
(Images, music, action, etc) that uses different source code, they will get
sued. But if you create a 3-D game, even one set in a Castle - you should be
safe.

Roy

>
> Arkain