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> e.g. if I built a house on my land that looks exactly like my neighbors, I still own my property and the house; but if I took their house and put it on my pro
by Nullabillity 10y ago
> e.g. if I built a house on my land that looks exactly like my neighbors, I still own my property and the house; but if I took their house and put it on my property I wouldn't
Uhm, no, that's exactly what copyright prevents (or tries to, anyhow).
- elviejo 10y agoAgain that is the difference between parents and copyrights. With a patent you can't make a copy. With copyrights you can't claim you made something. For example if I see a dress in a magazine I can make one, what I cannot claim is that it is Dolce and Gabbana...
- kbutler 10y ago> if I see a dress in a magazine I can make one, what I cannot claim is that it is Dolce and Gabbana That's actually trademark, which is distinct from copyright or patent. And notably, clothing designs are not copyrightable, because they are "useful articles", not just creative expressions. https://www.copyright.gov/register/va-useful.html https://www.copyright.gov/register/va-useful.html Patent: Practical invention, prevents sale even of independent re-invention. 17-20 years. Copyright: Tangible expression of original authorship, prevents duplication and derivation except for fair use, common stereotypes, etc. Does not prohibit independent re-invention, does not prevent re-use of ideas, just the expression. Has grown to progressively longer term (currently life + 70) Trademark: Prevents false claims of source of product, even of "confusingly" similar designs. Includes "trade dress" (packaging/presentation). Valid as long as the trademark is used. Design patent: hybrid - prevents duplication of ornamental design of a functional product, so it is like copyright, but has a duration similar to patent - 14-15 years.
- SolarNet 10y agoAgain, you are thinking patents or trademarks. My house may look the same, but it's been built by different people, different electricians, on different land. It probably has a different internal structure, different materials, and slightly different external marks, because it was rebuilt from the ground up. Copyright would apply if I used the exact same blueprints, but if I hired an architect to make blueprints with the same external design as another house that would be similar to clean room design and not a violation of copyright. Like how Google can make a copy of the Java API (they only got hit for having the same implementation written by the guy who wrote the version oracle had copyrighten in the first place). In the analogy it would be theft if I took your house, put it on my land, and claimed it was mine. And that's what it is to commit criminal copyright violation (e.g. you distribute copies for profit, claiming you own it). Yes in the digital world copies don't deprive the other of anything tangible, but like stealing a house, it does deprive them of the work that was invested to build that expression in the first place.