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Ask HN: Is "no source code was copied" still a sufficient copyright defense?

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Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?

#31
It depends. Is the text auto-generated from a framework? Is it creative? Is it worthy of copyright? It seems more instructional.

I say let them sue for copyright infringement for the text. Let them sue for breaking a license. Let's see how it works out. Doesn't impact me and if it costs the rich money, good. Let them suffer.

Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?

#32
Think it'll be hard to define in any sufficiently specific manner legally because UI/UX/source/functionality aren't entirely separate, but ethically I reckon it comes down to what one means by copy UI.

e.g. If you're creating an uptime dashboard...they all kinda look the same anyway and there aren't that many ways to do it so that seems OK. If it's copying an comprehensive UI with layout and flow between the various pages etc then you're getting a bit closer to theft.

Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?

#33
post #24

Copyright doesn't cover the results of code, nor the methods used in the code, techniques and algorithms aren't covered by copyright. Period. Copyright applies to 'the work'. If you don't copy the source code, it's not covered.

They copied strings, and visual design. Both of which are work, both of which are covered by copyright.

Designs and strings are only sometimes covered under copyright.

The elements of a design that are ornamental, utilitarian, or a general look and feel are not covered under copyright but would be covered under a design patent if one exists.

Strings are only covered under copyright if they are a sufficiently original work of human expression. Simple informational messages generally wouldn't qualify.

Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?

#34
post #28

The Corgi event doesn't seem particularly notable. There are similar features implemented in the most bog standard way that those features can be implemented using the pattern that AFAIK Github pioneered with a 'Danger Zone'. Both parties are using the same upstream components so it ends up looking the same. I don't know when the extreme intellectual property viewpoint entered software engineering as a mainstream opi…

> I don't know

it is abundantly clear from the post, agree

> Bill Gates

MSFT declared open source a "cancer" and "a threat to American Values" .. later, almost the entire Internet is run fundamentally on OSS.

What motivations might MSFT have had in 1998 ? Are there clear lessons from the extremes of the past that could be applied now?

Do authors have a right to LICENSE software they write? which ones, only Linus or Daniel Stenberg ? are there others? does a LICENSE mean anything ?

##-- related

From: "Eric S. Raymond" To: wire-service@thyrsus.com Subject: Microsoft and the Big Lie Date: Fri, 1 Jun 2001 16:47:38 -0400 ...

In the last three months, Jim Allchin and Craig Mundie and Steve Ballmer ... have described it (open source code ed.) as "un-American", "a destroyer", and "a cancer". They have deliberately confused the GPL with non-infectious open-source licenses, and they have deliberately confused active combination of code with passive aggregation of data.

Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?

#35
post #28

The Corgi event doesn't seem particularly notable. There are similar features implemented in the most bog standard way that those features can be implemented using the pattern that AFAIK Github pioneered with a 'Danger Zone'. Both parties are using the same upstream components so it ends up looking the same. I don't know when the extreme intellectual property viewpoint entered software engineering as a mainstream opi…

> The Corporations Won, because it turns out software engineers turned into IP maximalists

Yeah, it's always bothered me that developers are eager to get legal to patent something they were involved in at Company™ put their name on patents so they can include them in their promotion docs.

It's like we're slowly defrauding ourselves and ensuring companies have the maximum legal standing against individual makers. Almost like a prisoner's dilemma where we're building the things that will/have be used against it us and those that come after in exchange for a little personal gain.

Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?

#36
post #28

The Corgi event doesn't seem particularly notable. There are similar features implemented in the most bog standard way that those features can be implemented using the pattern that AFAIK Github pioneered with a 'Danger Zone'. Both parties are using the same upstream components so it ends up looking the same. I don't know when the extreme intellectual property viewpoint entered software engineering as a mainstream opi…

> Both parties are using the same upstream components so it ends up looking the same.

I had a look at the 4 screenshots in the post, and definitively it's not just using the "same upstream components", it's a verbatim copy.

Don't know about the rest of the app and the actual code, but I won't be surprised to find out it's basically the same.

Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?

#37
post #6

No definitely not. I've never seen a patent include code. They're more likely to describe IP in a work flow diagram.

How do patents relate to this copyright question?

I made a leap there without explaining. You can copyright code the same way you copyright a book. But in doing so you protect the text but not inherently the IP. Copyrighted code has a whole "originality" argument in it's defensibility. Patents do too, but they would never patent the code itself. If you want to protect yourself... it's belt and suspenders.

Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?

#38
post #32

Think it'll be hard to define in any sufficiently specific manner legally because UI/UX/source/functionality aren't entirely separate, but ethically I reckon it comes down to what one means by copy UI. e.g. If you're creating an uptime dashboard...they all kinda look the same anyway and there aren't that many ways to do it so that seems OK. If it's copying an comprehensive UI with layout and flow between the various…

That is why we have judges, to make judgement calls. Its probably going to come down to how closely you are copying.

Re: Ask HN: Is "no source code was copied" still a sufficient copyright defense?

#39
post #28

The Corgi event doesn't seem particularly notable. There are similar features implemented in the most bog standard way that those features can be implemented using the pattern that AFAIK Github pioneered with a 'Danger Zone'. Both parties are using the same upstream components so it ends up looking the same. I don't know when the extreme intellectual property viewpoint entered software engineering as a mainstream opi…

> The Corporations Won, because it turns out software engineers turned into IP maximalists Yeah, it's always bothered me that developers are eager to get legal to patent something they were involved in at Company™ put their name on patents so they can include them in their promotion docs. It's like we're slowly defrauding ourselves and ensuring companies have the maximum legal standing against individual makers. Almo…

Money always sprouts double standards out of everyone and anyone's ass
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