Re: [dvd-discuss]Lexmark Decision

[microlenz(at)earthlink.net]

On 23 Mar 2003 at 18:54, James S. Tyre wrote:

Date sent:      	Sun, 23 Mar 2003 18:54:35 -0800
To:             	dvd-discuss@eon.law.harvard.edu
From:           	"James S. Tyre" <jstyre@jstyre.com>
Subject:        	Re: [dvd-discuss]Lexmark Decision
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> But the judge also said the LexMark wrote its own unique programming 
> language.  I have no idea if that is correct, but if so, it is not an 
> insignificant fact.

But a programming language is not an idea or the expression of an idea but the 
means of expressing ideas. In mathematics the language of expressing ideas in 
analysis is totally different than the language of expressing ideas in abstract 
algebra. I can no more understand the works of a good friend of mine in 
Algebraic K-Theory than he can some of the work I have done in analysis. Our 
languages are different. (also our thought processes. He's teaching a course in 
cryptography at a very well known university. yet the scales of going from 2^56 
to 2^112 required a little thought. ). I would have to argue that the language 
for communication to people or to a machine cannot nor should it ever be 
allowed to be copyrighted or patented.

> 
> At 06:44 PM 3/23/2003 -0800, microlenz@earthlink.net wrote:
> >Having gone through some of the findings from the Eastern Kentucky court, the
> >case has bizarre features. Lexmark copyrighted  37 and 55 byte programs.
> >Lexmark has a copyright on the programs registered with the copyright office.
> >SCC copied the program verbatim. The judge went to great pains to point out
> >that SCC could have done all sorts of things to replicate the functionality and
> >do the authentication sequence but did not. Where I think the judge erred is
> >not in his reasoning but his application of the law. The DMCA is not involved
> >at all. Given the validity of Lexmarks copyright, then this is merely a case of
> >copyright infringement. The authentication is NOT an access control, using the
> >judges own reasoning. So the DMCA really isn't involved. Now I have doubts that
> >Lexmark's code is truly copyrightable. The judge made comments on how Lexmark
> >made created choices regarding algorithms and the like. I don't see that a
> >choice of algorithms is copyrightable nor that it is truly possible to be
> >creative or original in 37 or 55 bytes.
> 
> 
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