Re: [dvd-discuss] Eldred Amicus

[microlenz(at)earthlink.net]

I don't think there is a definition but I think it's a matter of complexity and 
choice...or to put it in other terms...specificity and generality. The 
expression involves a distinct set of choices for works, musical notes, 
functional decompostion. It is specific. Millions of monkeys typing for 
millions of years probably cannot reproduce Tolstoy's War and piece. And even 
if they could the reconstruct 50% of it the resulting work would not be 
intelligible by anyone. Idea are general expression and can be expressed in 
many different ways but also in few words. The difference is that a large 
enough set of choices of specific words and phrases  become expression but 
ideas do not depend upon specifics...I realize this is philosophical but 
expression vs idea is a philosophical question. 

Part of the problem with copyright is that it is only the expressions that are 
large enough that probabilistically they are unique should be the ones that are 
copyrighted. But look at Adrian Brilliant. What he copyrights is so short that 
probably dozens of people have come up with similar expressions but they do not 
have Adrian Brilliant's ego about copyrighting them

On 29 May 2002 at 21:04, Seth Johnson wrote:

Date sent:      	Wed, 29 May 2002 21:04:54 -0400
From:           	Seth Johnson <seth.johnson@realmeasures.dyndns.org>
Organization:   	Real Measures
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	Re: [dvd-discuss] Eldred Amicus
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> 
> Michael:
> 
> So you have a good, useful definition of the idea/expression
> dichotomy?
> 
> Seth Johnson
> 
> Michael A Rolenz wrote:
> > 
> > Woooowwww There! The idea can not be copyrighted and the whole point is
> > for you to take the ideas with you but not the exact expression of them.
> > THe question is how much you do with the ideas? For example, Imitations do not
> > qualify as derivative works because they are original works How many fictional
> > detectives have a less smart friend, a doctor, that are always recording the
> > cases? Until fairly recently others could not create derivative works with
> > characters called Sherlock Holmes and Dr. Watson and set in late Victorian
> > London. I don't know if you've ever noticed by Ridley Scott's "Alien" created
> > a whole industry of clone movies that are essentually identical to it. Are
> > they derivative works of the original? No. Are they extrememly bad imitations
> > (most of them)? YES. Are they protected by copyright? Yes.
> 
> -- 
> 
> [CC] Counter-copyright:
> http://cyber.law.harvard.edu/cc/cc.html
>