Busy busy busybox
Posted Oct 2, 2006 20:20 UTC (Mon) by tjc
In reply to: Busy busy busybox
Parent article: Busy busy busybox
I read your rational page on forensic analysis, and the comparator man page, and I think I understand your methodology. But I'm still not sure about the larger legal implications of refactoring code.
My working premise is this: if code is refactored (into "chunks" of whatever size is required by law), then what started out as "expression of concept" has to been reduced to the concept itself, and as such is no longer bound by copyright law, but is instead the subject of patent law.
So assuming that I have this right, then in this particular case -- if Bruce's code was correctly identified and sufficiently refactored -- then his copyright claims would no longer be valid. This still leaves open the possibility of patent claims for the underlying concepts, but that does not seem to be an issue in this case.
Yes? No? Maybe...?
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