5 ms·

Excuse my French, but what the fuck does "non-literal copying" mean?

by yarou 10y ago

deleted 10y ago
[deleted]
elliottcarlson 10y ago
I assume a non-clean-room design -- looking at the code and reinterpreting it to be different enough. https://en.wikipedia.org/wiki/Clean_room_design https://en.wikipedia.org/wiki/Clean_room_design
- loup-vaillant 10y ago
  If it was just that, it would be legal. Clean room is a way to prove you couldn't possibly have infringed copyright. It is not mandatory.
  - elliottcarlson 10y ago
    Right - the point is that it would be non-clean room.
oddevan 10y ago
Given other comments in this thread, it means (1) viewing the original work (in this case, the source code), (2) making superfluous changes to avoid literal copying (changing variable names, find-replace company name, etc), and (3) passing this off as original. It sounds like it's not "You made a knockoff, that's 'non-literal copying,'", it's "You made a literal copy, changed a couple of things, and called it yours."
- bitwize 10y ago
  No. Structure, sequence, and organization of a computer program -- not just code -- is subject to copyright per Whelan v. Jaslow. Note that the Whelan standard became relevant again after Oracle v. Google.
  - avmich 10y ago
    I'm certainly not a lawyer, but I would definitely like to know what's the difference between "structure, sequence and organization of a computer program" and the algorithm behind that program? As I understand, algorithm is in the realm of ideas, which are not copyrightable. It would be sad if courts accepted a technically ambiguous approach effectively deciding arbitrarily which case is what.
jonathankoren 10y ago
This: ``Excuse me, but "non-literal copying" means what?``
snarf21 10y ago
I thought this case was about trade secrets and NDA (and/or non compete). I read this as the following example: So KFC has a secret blend of herbs and spices. If you worked there and stole a bag of the mix and sold it, it is pretty obviously theft. If you gave the recipe to someone else and they used it exactly, it is still theft of the secret as you can reproduce it exactly. Let's say instead that you use 5% less paprika in your mix but all other things are the same. This is a non literal copy but is still fully built on the trade secret. Just my two cents....
devopsproject 10y ago
Original: if i > 0 then non-literal copy: if index > 0 then

Excuse my French, but what the fuck does "non-literal copying" mean?

by yarou 10y ago

Excuse my French, but what the fuck does "non-literal copying" mean?

deleted 10y ago

[deleted]

elliottcarlson 10y ago

I assume a non-clean-room design -- looking at the code and reinterpreting it to be different enough. https://en.wikipedia.org/wiki/Clean_room_design https://en.wikipedia.org/wiki/Clean_room_design

loup-vaillant 10y ago
If it was just that, it would be legal. Clean room is a way to prove you couldn't possibly have infringed copyright. It is not mandatory.
- elliottcarlson 10y ago
  Right - the point is that it would be non-clean room.

oddevan 10y ago

Given other comments in this thread, it means (1) viewing the original work (in this case, the source code), (2) making superfluous changes to avoid literal copying (changing variable names, find-replace company name, etc), and (3) passing this off as original. It sounds like it's not "You made a knockoff, that's 'non-literal copying,'", it's "You made a literal copy, changed a couple of things, and called it yours."

bitwize 10y ago
No. Structure, sequence, and organization of a computer program -- not just code -- is subject to copyright per Whelan v. Jaslow. Note that the Whelan standard became relevant again after Oracle v. Google.
- avmich 10y ago
  I'm certainly not a lawyer, but I would definitely like to know what's the difference between "structure, sequence and organization of a computer program" and the algorithm behind that program? As I understand, algorithm is in the realm of ideas, which are not copyrightable. It would be sad if courts accepted a technically ambiguous approach effectively deciding arbitrarily which case is what.

jonathankoren 10y ago

This: ``Excuse me, but "non-literal copying" means what?``

snarf21 10y ago

I thought this case was about trade secrets and NDA (and/or non compete). I read this as the following example: So KFC has a secret blend of herbs and spices. If you worked there and stole a bag of the mix and sold it, it is pretty obviously theft. If you gave the recipe to someone else and they used it exactly, it is still theft of the secret as you can reproduce it exactly. Let's say instead that you use 5% less paprika in your mix but all other things are the same. This is a non literal copy but is still fully built on the trade secret. Just my two cents....

devopsproject 10y ago

Original: if i > 0 then non-literal copy: if index > 0 then