On Tue, 13 Feb 2018 15:14:43 -0800 (PST)
dxf...@gmail.com wrote:
> Thanks to mass marketing the FSF now wields
> enormous legal power - power that you inadvertently
> gave them.
So, I've listed a bunch of U.S. court cases on copyright law here in
the United States, for anyone who is interested. There are 23
categories further below. I would suggest reading 5, 11, and 18 through
22 at a minimum.
Items 0, 1, 2, 3, 4, 6, 7, 10, below cover derivative works and
modifications. Items 5, 8, 9, 18 through 22, below cover
non-copyrightable material. Items 2, 11, 12, 13, cover Public Domain
material, which is also non-copyrightable. Items 14, 15, 16, 17 below
cover fair-use. Of course, I'm not a lawyer. This is just collected
information.
0) Only the owner of a copyright has the legal right to prepare
derivative works based upon the copyrighted work:
section 106 b. of Copyright Act
1) Trivially "similar" derivative works aren't copyrightable:
Nichols v. Universal Pictures Corp
Sheldon v. Metro-Goldwyn Pictures Corp
Steinberg v. Columbia Pictures
Durham Industries, Inc. v. Tomy Corp.
US Copyright Registration for Derivative Works (Circular 14)
2) Trivial changes to Public Domain works aren't copyrightable:
Walker & Zanger, Inc. v. Paragon Indus
3) A derivative work with major changes that doesn't qualify as a
unique work can't be copyrighted as a whole, but the changes can be
copyrighted separately:
Durham Industries vs. Tomy Corp
Section 103 of Copyright Act (17 USC)
4) Substantial similarity is required for infringement:
Computer Associates v. Altai
5) Portions of a technical standards document which are required to be
used to comply with the technical standard aren't copyrightable:
Feist Publications, Inc. v. Rural Tel. Serv. Co
Computer Associates v. Altai
Baystate v. Bentley
Section 102 b of Copyright Act
"Scènes à faire doctrine"
6) A derivative work must be sufficiently different to prevent
copyright entanglement:
Gracen v. Bradford Exchange
7) Substantially similar works are copyrightable when expression is
limited:
NEC Corp. v Intel Corp.
8) Facts are not copyrightable:
Feist Publications, Inc. v. Rural Tel. Svc.
9) Copyright does not protect process, and ideas are not protected by
copyright, but re-expression of ideas is copyrightable:
Baker v. Selden
10) Originality and independent creation is required for copyright:
Feist Publications, Inc. v. Rural Tel. Svc.
11) Private documents required to implement public law are Public
Domain:
Veeck v. Southern Building Code Congress International, Inc.
12) Works written by the U.S. government are non-copyrightable, i.e.,
Public Domain:
section 105 of Copyright Act
13) Copying Public Domain material from a copyrighted work is a
constitutional right:
Feist Publications, Inc. v. Rural Tel. Serv. Co
Section 107 6 of Copyright Act
14) Created the United State's right of "fair use":
Folsom v. Marsh
15) Personal use constitutes "fair use":
Sony Corp. v. Universal City Studios
16) Defeating "fair use" requires proof of harm, or if widespread,
proof that "fair use" would hurt the market potential of a copyrighted
work:
Sony Corp. v. Universal City Studios
17) Reverse engineering is "fair use," sometimes:
Sony v. Connectix
Sega v. Accolade
18) A reverse engineered result only needs to be non-infringing:
Vault v. Quaid
Sega v. Accolade
Nintendo v. Atari
Sony v. Connectix
19) Binary or object code isn't copyrightable or protected by copyright:
Apple Computer v. Franklin Computer
20) Individuals have the right to modify code for their own use:
Lewis Galoob Toys v. Nintendo of America
Vault v. Quaid
Narrell v. Freeman
21) Technical interfaces, e.g., data structure names, data structure
organization or ordering, menu's, etc. aren't copyrightable:
Baystate v. Bentley
Mitel Inc. v. Iqtel
Sega Enterprises Ltd. v. Accolade
Lotus v. Borland
Apple Computer v. Microsoft
Synercom v. University Computing
22) System interfaces aren't copyrightable, e.g., ability to execute an
application:
Bateman v. Mnemonics
23) Copyright is to serve the public interest:
Fogerty v. Fantasy, Inc
Feist Publications, Inc. v. Rural Tel. Serv. Co
HTH,
Rod Pemberton
--
Ok, millennials. We'll take away your gun rights before age 21, then
we'll take away your car privileges until age 25. Cars kill twice as
many people as guns. If you're not responsible with a guns, we can't
trust you with cars either.