Interoperability for games is fundamentally flawed reasoning
Posted Aug 24, 2005 19:14 UTC (Wed) by FlorianMueller
In reply to: Interoperability for games is fundamentally flawed reasoning
Parent article: On the defense of piracy enablers
I don't blame you for probably having had fewer conceptual debates on statutory law and case law than I've had over the last 16 months in the European software patent debate. So I'm trying to explain those fundamental concepts.
I never said nor implied that "the whim of the original vendor" is the decisive criterion. The goddess of justice, or less metaphorically speaking, the judicial system has to decide, and the court decided the right way in this case.
Again, it's a matter of weighing one set of considerations against another. You have the interest of the author vs. the interest of the public. Anyone who denies that reasoning of the scales of Iustitia lacks understanding of legal concepts or is a blind fundamentalist (or both). You can't only claim certain consumer's rights without comparing their validity and legitimacy to the author's rights. And that comparison is genre-specific.
As for the "whim", computer games are pieces of art, which is not a quality judgment, just a fact. I'll give you an example: When the two professional soccer clubs in Munich wanted to modernize the Olympic Stadium with its world-famous tent-like design, the architect vetoed some (not all) of their plans for conceptual reasons. It's an inalienable originator's right. They had to build a whole new stadium in the end. That's the way it is.
to post comments)