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Regarding this part of your comment: > Fair use has absolutely nothing to do with this or any hypothetical like it. Yes, it does. The commercial effect of th
by CheezeIt 5y ago
Regarding this part of your comment:
> Fair use has absolutely nothing to do with this or any hypothetical like it.
Yes, it does. The commercial effect of the usage is a factor in determining fair use, and that might distinguish a “show and tell” project from a “production-ready” OSS project.
- nilsbunger 5y agoFair use only applies to copyrighted materials. The parent poster is pointing out (correctly but maybe not written the best way) that it isn’t a copyright issue unless something like code was actually copied, and thus fair use doesn’t apply. Abstract things like ideas, architecture and design don’t have copyright protection.
- CheezeIt 5y ago> The parent poster is pointing out (correctly but maybe not written the best way) that it isn’t a copyright issue unless something like code was actually copied, And this is in fact false. See https://m.facebook.com/permalink.php?story_fbid=1913546895546485&id=100006735798590 https://m.facebook.com/permalink.php?story_fbid=191354689554...
- nilsbunger 5y agoThat was an expert witness claiming “non literal copying” is a copyright violation, but that doesn’t make it so. As far as I can tell the trial concluded with a finding that someone violated an NDA but no copyright violation. Am I misreading that ?
- CheezeIt 5y agoThe trial had a $50 million award for the copyright violation.