> -----Original Message-----
> From: IBM Mainframe Discussion List 
> [mailto:[email protected]] On Behalf Of Scott Ford
> Sent: Wednesday, May 02, 2012 9:33 PM
> To: [email protected]
> Subject: Re: Programming languages can't have copyright 
> protection, EU court rules
> 
> All,
> 
> So how do you protect code, whatever language you have 
> written in , in business ?
> Without copyright, doesn't it imply , people can take you 
> source and change it and resell it ...if the gave your source 
> , right ?
> 
> 
> Scott Ford
> Senior Systems Engineer
> www.identityforge.com

No, copyright stops people from taking the source and simply making minor 
modifications (such as changing variable names), then calling it theirs. There 
is a concept called a "derivative work". 
http://en.wikipedia.org/wiki/Derivative_work . The concept of "taking the 
source, change it, and resell it" is the major distinctions in many of the 
"open source" licenses, such as Apache, MIT, *BSD, and my favorite GPL. The GPL 
license is specifically written to stop just such an occurrence. And it has 
been enforced in some lawsuits. And, to my knowledge, has never failed in a 
copyright lawsuit.

<quote>
In United States copyright law, a derivative work is an expressive creation 
that includes major, copyright-protected elements of an original, previously 
created first work (the underlying work).
</quote>

But it does not prevent using the __ideas__ in the work in an independent work 
(think POSIX compliance in UNIX!). That's why there can be, and are, so many of 
the beloved "Harlequin Romance"  type novels. <grin/> 

IMO, Groklaw is a good source for learning about some of these things. 

-- 
John McKown 
Systems Engineer IV
IT

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