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Regarding possible exemptions to look and feel to computer programs in the U.S. Code, I'm not sure why the author cares to argue this point to minute detail whe
by vlad 18y ago
Regarding possible exemptions to look and feel to computer programs in the U.S. Code, I'm not sure why the author cares to argue this point to minute detail when he's not a lawyer, nor being sued by 37signals; he also did not say he researched to see how real lawyers and judges interpreted related court cases in recent history, which would give more credibility of the applicability of copyright laws and exceptions to them than just his own personal analysis of the Copyright Office's frequently asked questions page.
I wonder what happens if you create your own interpretation of a mouse that clearly resembles the Disney character. Or, a realistic 3D model of Mickey Mouse. Since it's not your character, do you own the work? Is it an illegal work? Besides not allowing the author to display it, can Disney also get rights to the rendering as well as source of the model? Is work that violates copyright is automatically owned by the copyright holder? If the answer is no, then what happens to the work? If Disney can't use it, who can? Nobody? The author cannot because it clearly resembles a Disney character, and Disney cannot because they did not create it. The author must retain the copyright, then, but cannot display it or transfer it, except that he can probably sell it to Disney if both parties agree.