4 ms·
Copyright grants an author of a copyrightable work the exclusive right to make more copies of it. However, if people independently come up with the same exact t
by PeterisP 4y ago
Copyright grants an author of a copyrightable work the exclusive right to make more copies of it. However, if people independently come up with the same exact thing, copying has not occurred and that exclusive right was not violated (and then the court battle effectively becomes one about proving whether copying did in fact occur).
In copyright law there is no such concept as "code snippets that are long enough to qualify for copyright protection" or "canonical owners". Quite explicitly, copyright does not give a monopoly over an idea, but merely protects against the unlawful reproduction of an original work.
If you take some snippet from a work in which you own copyright and find that in the world multiple people have somehow managed to write the exact snippet, but they did it independently without copying it from you, then copyright law effectively states the following things:
1) They definitely aren't violating your copyright, and you have no claim on them whatsoever - independent creation is a complete defense to copyright infringement;
2) Perhaps this snippet might be judged uncopyrightable, as the existence of multiple independent recreations is some evidence that it lacks originality and thus would not qualify for copyright protection at all.
- mpoteat 4y agoYou don't need to prove anything in court to send someone a cease and desist. It's often cheaper to settle. There does exist the concept of 'originality' in copyright law, which I was erroneously conflating with length.
- chrismcb 4y agoLength does come into play. Copyright is about creativity. If there is no creativity there is no copyright. A code snippet that is too short probably doesn't have enough creativity for it to be copyrightable. If you wrote some code and then registered it so it has a date. It will be difficult for someone who wrote the exact same code, later, to prove it wasn't copied.