WASHINGTON (Reuters) -- Computer software should not be protected by
copyright laws designed for music, literature and other creative works,
according to a lawsuit filed in a U.S. court in San Francisco.
Intellectual-property consultant Greg Aharonian hopes to convince the court
that software makers can protect their products adequately through patents,
which provide more comprehensive protection, but are difficult to obtain and
expire in a shorter period of time.
The case seeks to clarify which laws the $100 billion U.S. software industry
uses to protect its products. Currently, software makers like Microsoft
Corp. use both copyright and patent laws to protect their creations, as well
as "clickwrap" agreements that stipulate terms of use.
An official with a software-industry trade group said not every software
product is protected by patents.
"If you eliminated the ability to sue somebody for copyright infringement,
you would eviscerate our ability to go against pirates," said Emory Simon,
counselor for the Business Software Alliance, which estimates that U.S.
businesses lost $6.5 billion last year to piracy.
Aharonian argues in his complaint that software copyright laws violate the
right to due process enshrined in the U.S. Constitution because they do not
provide clear boundaries for appropriate use. That means industry players
and courts do not have a clear idea of the rules.
"Until you're sued and a judge makes up his mind about what is the idea and
expression (at stake), no one knows," Aharonian said in an interview.
In one well-known case, Lexmark International Inc. invoked copyright laws to
prevent a competitor from making computer circuits that allow cheaper inkjet
cartridges to work on its printers.
One court ruled in Lexmark's favor in 2002, but an appeals court in October
overturned that decision and allowed rival Static Control Components to sell
its inkjet cartridge parts.
Aharonian said in his complaint he does not know if he personally has run
afoul of copyright laws because he has set up a database of thousands of
computer programs to help software companies figure out if their products
infringe on existing material.
If the owner of any of those programs decides to sue, he could face hundreds
of thousands of dollars in penalties and possible jail time.
While patents protect an idea -- say, a way to direct traffic on the
Internet -- copyrights only protect the expression of that idea, usually the
written code that tells the computer what to do.
Inventors applying for a patent have to prove their idea is new and
original, a process that typically takes years and costs thousands of
dollars. Patents expire after 20 years.
Anybody who scribbles a poem on the back of a cocktail napkin, by contrast,
is protected by copyright laws for 70 years after their death, or 95 years
if the work is owned by a corporation.
Both the U.S. Patent and Trademark Office and the Copyright Office began
accepting applications for computer programs in the 1960s. Congress included
software in copyright law in 1976.
An official with the U.S. Copyright Office declined to comment on the case,
but said copyright protection was vital for U.S. software makers.
"I think it is fair to say it is the primary means of protecting U.S.-based
software," said Kent Dunlap, principal legal advisor to the Copyright
Office's general counsel.
****************************************************************************
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------_=_NextPart_001_01C4E2DC.B1BBE4A0
Content-Type: text/html
Content-Transfer-Encoding: quoted-printable
Message
=
Lawsuit filed to prohibit copyright protection of software
Tuesday, December 14, 2004 Posted: 10:46 AM EST (1546 GMT) <=
/FONT>
href=3D"http://www.cnn.com/2004/TECH/biztech/12/14/tech.copyright.reut/inde=
x.html">http://www.cnn.com/2004/TECH/biztech/12/14/tech.copyright.reut/inde=
x.html
WASHINGTON (Reuters) -- Computer software s=
hould=20
not be protected by copyright laws designed for music, literature and other=
creative works, according to a lawsuit filed in a U.S. court in San=20
Francisco.
Intellectual-property consultant Greg Aharonian hopes to convince the co=
urt=20
that software makers can protect their products adequately through patents,=
which provide more comprehensive protection, but are difficult to obtain a=
nd=20
expire in a shorter period of time.
The case seeks to clarify which laws the $100 billion U.S. software indu=
stry=20
uses to protect its products. Currently, software makers like Microsoft Cor=
p.=20
use both copyright and patent laws to protect their creations, as well as=
"clickwrap" agreements that stipulate terms of use.
An official with a software-industry trade group said not every software=
product is protected by patents.
"If you eliminated the ability to sue somebody for copyright infringemen=
t,=20
you would eviscerate our ability to go against pirates," said Emory Simon,=
counselor for the Business Software Alliance, which estimates that U.S.=20
businesses lost $6.5 billion last year to piracy.
Aharonian argues in his complaint that software copyright laws violate t=
he=20
right to due process enshrined in the U.S. Constitution because they do not=
provide clear boundaries for appropriate use. That means industry players =
and=20
courts do not have a clear idea of the rules.
"Until you're sued and a judge makes up his mind about what is the idea =
and=20
expression (at stake), no one knows," Aharonian said in an interview.
In one well-known case, Lexmark International Inc. invoked copyright law=
s to=20
prevent a competitor from making computer circuits that allow cheaper inkje=
t=20
cartridges to work on its printers.
One court ruled in Lexmark's favor in 2002, but an appeals court in Octo=
ber=20
overturned that decision and allowed rival Static Control Components to sel=
l its=20
inkjet cartridge parts.
Aharonian said in his complaint he does not know if he personally has ru=
n=20
afoul of copyright laws because he has set up a database of thousands of=20
computer programs to help software companies figure out if their products=
infringe on existing material.
If the owner of any of those programs decides to sue, he could face hund=
reds=20
of thousands of dollars in penalties and possible jail time.
While patents protect an idea -- say, a way to direct traffic on the Int=
ernet=20
-- copyrights only protect the expression of that idea, usually the written=
code=20
that tells the computer what to do.
Inventors applying for a patent have to prove their idea is new and orig=
inal,=20
a process that typically takes years and costs thousands of dollars. Patent=
s=20
expire after 20 years.
Anybody who scribbles a poem on the back of a cocktail napkin, by contra=
st,=20
is protected by copyright laws for 70 years after their death, or 95 years =
if=20
the work is owned by a corporation.
Both the U.S. Patent and Trademark Office and the Copyright Office began=
accepting applications for computer programs in the 1960s. Congress includ=
ed=20
software in copyright law in 1976.
An official with the U.S. Copyright Office declined to comment on the ca=
se,=20
but said copyright protection was vital for U.S. software makers.
"I think it is fair to say it is the primary means of protecting U.S.-ba=
sed=20
software," said Kent Dunlap, principal legal advisor to the Copyright Offic=
e's=20
general counsel.
***************************************************************************=
*
This message contains confidential information and is intended only
for the individual or entity named. If you are not the named addressee
you should not disseminate, distribute or copy this e-mail.
Please notify the sender immediately by e-mail if you have received
this e-mail by mistake and delete this e-mail from your system.
E-mail transmission cannot be guaranteed to be secure or error-free
as information could be intercepted, corrupted, lost, destroyed, arrive
late or incomplete, or contain viruses. The sender therefore does not
accept liability for any errors or omissions in the contents of this
message which arise as a result of e-mail transmission.
If verification is required please request a hard-copy version.
This message is provided for informational purposes and should not
be construed as an invitation or offer to buy or sell any securities or
related financial instruments.
GAM operates in many jurisdictions and is
regulated or licensed in those jurisdictions as required.
***************************************************************************=
*
------_=_NextPart_001_01C4E2DC.B1BBE4A0--
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