Re: My Website Has Been Taken Down

[Eric Rucker <bhtooefr@gmail.com>]

On Jan 25, 7:07 pm, "Bill Buckels" <bbuck...@mts.net> wrote:
> "nem" <nem@nospam> wrote:
> >One might also add that the software should be made PD if the author no
> >longer has the source code for it.
>
> Good idea but Berne would probably consider that the instructions which are
> read by the processor consititute the literary work:
>
> http://www.wipo.int/meetings/en/html.jsp?url=http://www.wipo.int/edoc...
>
> Public Domain is a sad case:
>
> http://www.xanga.com/publicdomain/687985634/public-domain-day-2009/
>
> DRM is a sad case:
>
> http://www.digital-copyright.ca/
>
> But in the US on the bright side "Independent Creation is Permitted. A
> second work, identical to an earlier copyrighted work, does not infringe, if
> it is, in fact, independently created."
>
> http://www.piercelaw.edu/thomasfield/ipbasics/copyright-for-computer-...
>
> Bill

But what are the odds of someone coming up with an exact clone of
another software program, and passing the independently created test?

Not to mention, with software patents, even if you got through the
independently created test, if the author had a patent on something in
the original version... you're still screwed.