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Independent creation is a defense to copyright infringement, but only if the accused did not have access to the original work. In the BIOS cases, this means th
by bdowling 5y ago
Independent creation is a defense to copyright infringement, but only if the accused did not have access to the original work.
In the BIOS cases, this means that the implémenter can produce the exact same assembly code as the original BIOS and it’s not copyright infringement, but only if the implementer never saw the original code.
- dragonwriter 5y ago> Independent creation is a defense to copyright infringement, Yes. > but only if the accused did not have access to the original work. No, but the accused having access to the original work makes it less likely that a trier of fact (jury or judge depending on the kind of trial) will conclude that the creation was independent rather than copying.
- bdowling 5y agoYou’re right. I should be more careful about using “only if”. Practically, however, access to the original will probably defeat the independent creation defense.