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From Jeffry Houser <jef...@dot-com-it.com>
Subject Re: [MENTORS] Handling Adobe Binaries
Date Wed, 02 May 2012 00:42:00 GMT
On 5/1/2012 8:18 PM, Alex Harui wrote:
>
>
> On 5/1/12 4:54 PM, "Jeffry Houser"<jeffry@dot-com-it.com>  wrote:
>
>>    It shouldn't violate copyright; because we are writing our own code
>> from scratch.  Unless Adobe wants to claim copyright on the API which is
>> possible.  I know I read about a API related lawsuit at one point, but I
>> have no idea what the results were.
> Again, I'm not a lawyer, but here's my logic:  If we were writing actual
> code that did something, then I would agree, starting from scratch shouldn't
> be a violation of copyright.  But to try to create an exact replica of an
> API is to me the equivalent of hearing a song, but not having the sheet
> music, re-creating the song exactly.  I don't think you can do that in the
> music business.

  You certainly can do that in the music business.  Independent creation 
is a copyright defense (even if it isn't a patent defense).

  The "infringed" party has to prove that you had access to their song 
and copied it in order to receive any damages.  This is extremely 
difficult to do.

  I remember reading a case where the drummer of an unknown band went on 
to play for a well known artist.  Even though the drummer testified that 
he gave their demo to the 'big artist' that included the song in 
question; the original band lost the case based on the "big artists" 
testimony that he didn't remember that

  The only way to protected a song is to be the one who makes it famous.

  It'd be a lot easier to prove that someone heard "HollaBack Girl" by 
Gwen Stefani than say, "Read it on the Radio" by 22nd Century.

  I think this is covered in this book somewhere: 
http://www.amazon.com/Need-About-Music-Business-Edition/dp/0743293185

  By the same token, Adobe would [in theory] have to prove we copied 
their code as opposed to writing our own.  Of course, once again, I am 
not advocating this as a route we should consider.  Sometimes I like to 
make decisions on things that are least likely to get me sued.

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