3 ms·

> Has copyright been infringed? yes now if he had written a specification as to what the function should be, then passed it to someone else that had never see

> Has copyright been infringed? yes now if he had written a specification as to what the function should be, then passed it to someone else that had never seen the function and worked from the spec then he'd be ok see: IBM BIOS

antonvs 4y ago
> yes It's not nearly that simple. No real copyright case is going to hinge on what a single range check function looks like. This is human law, it's not a programming situation where you can just apply some simple rule and get a deterministic answer. Context plays a huge part, among other things.
- blibble 4y ago
  > No real copyright case is going to hinge on what a single range check function looks like. you realise this exact extremely famous function was the focus of a billion dollar supreme court copyright battle that went on for years? https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_Inc.#First_phase:_API_copyrightability_and_patents https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_... (the entire basis of GPs joke)
  - antonvs 4y ago
    I should have said that no successful copyright case is going to hinge on that. Oracle's position on that was legally incorrect, for the reason I was alluding to: the relevant standard requires that illegal copying involve the core of the creative expression of the original work, which a generic range check function clearly doesn't do.
seadan83 4y ago
As the copyright holder of "throw new", the Junior dev infringed my copyright! Let alone them infringing copyright of the company they crafted that code for. On a more serious note, there is a question whether algorithms and code blocks can be copyrighted, or if it is the _software_ that is copyrighted. Let's say I use websockets and you crib my usage of websockets for your own application. My opinion is that unless you rebuild the same thing I did, then "cribbing" is the long held art of "let me google how to do that". The artistic creation is the end software product, not really some measly embedded function that is boiler plate (form and function) for anything to work. The 'form and function' clause of copyright almost certainly makes a range check function not a copyright infringement.
veec_cas_tant 4y ago
Easy money idea: when you know an employee will be leaving the company, have them spend their last weeks writing basic, foundational functions in multiple languages!
deleted 4y ago
[deleted]

antonvs 4y ago

> yes It's not nearly that simple. No real copyright case is going to hinge on what a single range check function looks like. This is human law, it's not a programming situation where you can just apply some simple rule and get a deterministic answer. Context plays a huge part, among other things.

blibble 4y ago
> No real copyright case is going to hinge on what a single range check function looks like. you realise this exact extremely famous function was the focus of a billion dollar supreme court copyright battle that went on for years? https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_Inc.#First_phase:_API_copyrightability_and_patents https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_... (the entire basis of GPs joke)
- antonvs 4y ago
  I should have said that no successful copyright case is going to hinge on that. Oracle's position on that was legally incorrect, for the reason I was alluding to: the relevant standard requires that illegal copying involve the core of the creative expression of the original work, which a generic range check function clearly doesn't do.

seadan83 4y ago

As the copyright holder of "throw new", the Junior dev infringed my copyright! Let alone them infringing copyright of the company they crafted that code for. On a more serious note, there is a question whether algorithms and code blocks can be copyrighted, or if it is the _software_ that is copyrighted. Let's say I use websockets and you crib my usage of websockets for your own application. My opinion is that unless you rebuild the same thing I did, then "cribbing" is the long held art of "let me google how to do that". The artistic creation is the end software product, not really some measly embedded function that is boiler plate (form and function) for anything to work. The 'form and function' clause of copyright almost certainly makes a range check function not a copyright infringement.

veec_cas_tant 4y ago

Easy money idea: when you know an employee will be leaving the company, have them spend their last weeks writing basic, foundational functions in multiple languages!

deleted 4y ago

[deleted]