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From Dalibor Topic <robi...@kaffe.org>
Subject Re: [legal] Bulk contribution barrier to entry
Date Wed, 12 Oct 2005 08:51:16 GMT
Richard Nienaber wrote:
> What are the implications in the following scenario:
> Person A contributes completely original code X
> Independent reviewer compares X code to copyrighted code Y from $BIGCORP and
> finds them extremely similar
> Now, I'm not saying that Person A was lying, they just solved the problem
> in the same way. Does that mean that Person A's contribution has to be
> scrapped and rewritten?

No, as long as the work is Person A's own work.

If, for example, the task at hand is to enumerate the letters of the
alphabet in the increasing order,  x% of people would get the same
solution, without necessarily copying it from each other. There are only
so many ways to reasonably write a getter/setter pair in Java, for example.

For how blindly trusting 'independent reviewers' to detect copyright
infringement in similar code, without thinking really hard about the
issues involved (copyright law, scenes-a-faire, copyrightability, is my
code really my own, do we have any clue about the pedigree of the code
at hand) can be pretty harmful to a $BIGCORP's bottom line, see SCO vs.
The World. [1]

dalibor topic

[1] http://perens.com/Articles/SCO/SCOSlideShow.html

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