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Which isn't to say that clean-room isn't a valid defense, but rather that it's unlikely that somebody would (or could) independently produce something very simi
by hansvm 5y ago
Which isn't to say that clean-room isn't a valid defense, but rather that it's unlikely that somebody would (or could) independently produce something very similar to Mickey Mouse -- especially since nearly everyone had seen Mickey Mouse, so such an implementation would probably be tainted. If you can prove that you independently created that idea then it's still a valid _copyright_ defense (not a lawyer, yada yada).
- otterley 5y agoThere's a lot of necessary legal analysis missing here, and independent creation of an idea plays no part in it. Copyright protects creative expressions (i.e., artistic works), not mere ideas. I think what you’re trying to say is that independent creation would be a basis to deny a prima facie copyright infringement claim: there is no infringement because no copy has occurred. But that’s a different thing than an affirmative defense. A defense is something you raise after admitting the truth of the claim: you’re basically saying, “yes, I did it, but I’m justified because XYZ.”