Earlier quoted context omitted.
I don’t know any jurisdiction that gives copyright to the rendered output of html/css. There can be other IP (patents, pattern, trademark but doubt they apply for a normal saas ui)
Germany? The creative work is protected, and the design can be a creative work. How you implement it doesn’t really matter.
Ask HN: Is "no source code was copied" still a sufficient copyright defense?
81–86 of 86 posts
Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?
#82Earlier quoted context omitted.
Germany? The creative work is protected, and the design can be a creative work. How you implement it doesn’t really matter.
Which paragraph? I doubt it really covers the final outputted design (unless its specifically some art project) of general ui designs.
I don’t really see why it’s hard to believe that the design of a website wouldn’t be protected. Obviously a digital painting is protected, so hand writing svg code to generate an image would also result in an image that’s protected by copyright. And why would a html website not be protected?
The law doesn’t really care about how you create the work as long as it is an expression of your own creativity.
https://dejure.org/dienste/vernetzung/rechtsprechung?Text=2%...
> Es ist allgemein anerkannt, dass der Gestaltung von Webseiten unabhängig von der Digitalisierung ihres Inhalts ein Urheberrechtsschutz zukommen kann, sofern die Gestaltung die gemäß § 2 Abs. 2 UrhG erforderliche Schöpfungshöhe erreicht (OLG Frankfurt a.a.O.; OLG Hamm, MMR 2005, 106; OLG Düsseldorf MMR 1999, 729; LG München I MMR 2005, 267). Dies kommt aber grundsätzlich nur dann in Betracht, wenn die Gestaltung der Webseiten über das hinausgeht, was bei ordnungsgemäßer Erstellung eines Webauftritts im Internet handwerklich zu leisten ist.
Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?
#83Earlier quoted context omitted.
"I don't know when the extreme intellectual property viewpoint entered software engineering as a mainstream opinion because I have never before seen it expressed so strongly in this community" It's not copyright maximalism, it's just bog-standard rationalization. I don't like what this company is doing, it looks like I can hit them with the "copyright" stick, so I will. One day later, I like playing abandonware games…
> At least, at the HN gestalt level. Individuals may say one or the other of those things from a principled perspective, but I perceive a lot of rationalization in these discussions overall. I'd be careful attributing anything to the "HN gestalt"; it's a very, VERY wide range of individuals, with widely-ranging views. And I've been surprised, at times, when I've posted something that I thought would be widely disagre…
It isn't just me but it's a short list: https://hn.algolia.com/?dateRange=all&page=0&prefix=false&qu...
Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?
#84Earlier quoted context omitted.
"Copyright demands that everyone pretend the value of someone's work is the product of that work, not the labor." Isn't it? If you spend ten years writing the Great American Novel, and I spend ten years writing "All work and no play makes Jack a dull boy" over and over again, have I created as much value as you have? https://en.wikipedia.org/wiki/Labor_theory_of_value#Critique...
If I would have spent ten years writing the Great American Novel, but spent all my time working elsewhere so I could afford to live, then yes. Why in the hell would anyone spend ten years writing "All work and no play makes Jack a dull boy" over and over again? Because they have no intrinsic meaning to provide, or because their life has no meaning to reflect? We may as well set aside this argument anyway, because it…
The labor theory of value says that the value of something is determined by the amount of labor that went into creating it. I'd say it's not really so much a theory as a definition of the word "value" -- and I suggest that it's not a particularly useful definition.
If I go to the widget store to buy a widget, the price I'm willing to pay depends on what it's worth to me. The amount of work that went into producing this widget or that widget doesn't affect my decision.
Another article you might (or might not) want to read: https://en.wikipedia.org/wiki/Criticisms_of_the_labour_theor...
"Get rid of copyright, and the market simply becomes fair."
I think the word "simply" is doing a whole lot of work there.
Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?
#85At the same time complete recreations are not copyright violations. For example ZeldaClassic.com is not a violation of copyright against the original game. The final products appear almost like a clone, but the underlying work is completely different. Copyright law protects work artifacts, not ideas or assembled constructions.
Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?
#86Earlier quoted context omitted.
If I would have spent ten years writing the Great American Novel, but spent all my time working elsewhere so I could afford to live, then yes. Why in the hell would anyone spend ten years writing "All work and no play makes Jack a dull boy" over and over again? Because they have no intrinsic meaning to provide, or because their life has no meaning to reflect? We may as well set aside this argument anyway, because it…
Of course no sane person would spend ten years writing "All work and no play makes Jack a dull boy" over and over again". That wasn't the point. The labor theory of value says that the value of something is determined by the amount of labor that went into creating it. I'd say it's not really so much a theory as a definition of the word "value" -- and I suggest that it's not a particularly useful definition. If I go t…
And that's my point. It's a tautology that demands our participation, while at the same time literally devaluing participation itself.
If you want to understand my position, then you need to step out of that tautological frame, and consider labor as valuable. If you avoid doing that, then you are just avoiding what I'm trying to communicate here.