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RE: [dvd-discuss] Copyright ranges
- To: "'dvd-discuss(at)cyber.law.harvard.edu'" <dvd-discuss(at)cyber.law.harvard.edu>
- Subject: RE: [dvd-discuss] Copyright ranges
- From: Richard Hartman <hartman(at)onetouch.com>
- Date: Tue, 6 Aug 2002 09:46:51 -0700
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
> -----Original Message-----
> From: microlenz@earthlink.net [mailto:microlenz@earthlink.net]
...
> No progress here....I'm beginning to be
> skeptical of the claims
> that software is speech that deserves copyright but not that
> it is speech that
> deserves FA protection.
>
That's because software is generally much more like an invention
that it is like a book or a piece of art. Well ... some
software. Applications (e.g. word processors) are tools,
and analogous to inventions ... but games, especially the
ones w/ definiate story lines (e.g. Myst, Deus Ex) are
more analogous to movies.
In truth software -- taken as a whole -- is neither animal
nor vegetable, but something unique and a -new- form of
IP protection (neither copyright nor patent) should be
developed. Then the limitations, obligations and protections
could be specified in a way that is appropriate to the
medium.
I agree on the FA protection -- regardless of the
copyright/patent/other issue software _can_ be used
to express ideas. Note: it _can_, but it does not
_always_ do so ... Deus Ex told a quite dark story
of government & big business conspiracies ... and
yet, what idea is expressed in MS Word or Excel?
IMO Deus Ex would deserve 1st Am. protections, but
Word? Nah.
--
-Richard M. Hartman
hartman@onetouch.com
186,000 mi./sec ... not just a good idea, it's the LAW!