[net.legal] Protection of ideas?

barry@ames.UUCP (Ken Barry) (08/19/84)

[*************=8>:)         (snort)]

> Lauren Weinstein:

> idea, property, and personal rights are protected by law
> in any case.  The idea rights of the programming on cable and radio
> transmission systems are certainly worth the same protections as
> we would give any more "physical" items.  It is silly to say
> that something cannot be protected simply because "you can't touch it."

	Not to pick on Lauren, but I sometimes see some confusion in
this discussion about the protection of "ideas" under the law. 
	Disclaimer: I am not a lawyer. My understanding, however, is
that the law does *not* protect ideas, but only specific implementations
or expressions of ideas. Nor is this an oversight; the exclusion of ideas
is intentional. The only way to protect an idea is to keep it a secret.
	For example, if I were to invent a time machine, I could get
a patent on the device I created, and have legal protection against others
copying (or nearly copying) my device without my permission. I could
not, however, get a patent on the *idea* of time travel, nor exclusive
rights to the physical principles by which my machine operated. Others
would have a perfect right to build and use time machines, as long as
they used a method not protected by my patent.
	And similarly for copyright: Larry Niven can copyright RINGWORLD,
but could not copyright the *idea* of a ring-shaped world even if he'd
originated it.
	The examples were chosen for clarity. There are cases (programming
algorithms come to mind) where the distinction between 'idea' and 'expression-
of-idea' is quite unclear. But I believe my statement of the legal principle
is correct. Corrections and/or amplifications from those more knowledgeable
than myself are welcomed.

-  From the Crow's Nest  -                      Kenn Barry
                                                NASA-Ames Research Center
                                                Moffett Field, CA
-------------------------------------------------------------------------------
        Electric Avenue:              {dual,hao,menlo70,hplabs}!ames!barry

steiny@scc.UUCP (Don Steiny) (08/19/84)

****

	I phoned our company lawyer to make sure, but 492@.ames is correct,
the law does not protect ideas.   Trying to copyright an idea 
is an especially bad idea.   Say you write a useful program in
Pascal or F77.  It is easy to translate that program into C.
If someone translates your program to C and sells it, tough luck on
you.  Anything that is copyrighted must also be published and so
anyone can see it.  

	Though there is no "one best way" to protect
software, generally "trade secret" is the best way.  People
cannot steal something if they do not know how it works.  

	One of the reasons that many companies have silly security
precautions that people only obey when it is convenient is so that
if any of their software is ripped off the company lawyers will
be able to support the assertion that the company took reasonable
precautions to protect the trade secret.

Don Steiny
Personetics
109 Torrey Pine Terr.
Santa Cruz, Calif. 95060
(408) 425-0382
ihnp4!pesnta  -\
fortune!idsvax -> scc!steiny
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mpr@mb2c.UUCP (Mark Reina) (08/21/84)

It is true that the copyright and patent laws do not protect
ideas or mathematical algorithms.  It is also true that trade
secret laws have application on software products.
One thing to note on copyrighting a software product:  the copyright
office only requires that you submit the first 20 pages or
both the first and last 15 pages of a software product.

ark@rabbit.UUCP (Andrew Koenig) (08/22/84)

As far as I know, if I write a program in C and you translate
it into Fortran, that translation is a copy and thus illegal
under the copyright law, which specifically defines 'copy'
as including 'translation.'  The situation is no different
from translating a novel from English into French.

dan@idis.UUCP (08/23/84)

I believe that if you could prove that someone had translated your
copyrighted work into a different language, you could claim the
translation was an illegal derivative work.  The hard part would be
demonstrating to a bunch on non-programmers (e.g. judges) how the
language had changed but the general form of the expression of the
idea had not changed.

eager@amd.UUCP (Mike Eager) (08/25/84)

> ****
> 
> 	I phoned our company lawyer to make sure, but 492@.ames is correct,
> the law does not protect ideas.   Trying to copyright an idea 
> is an especially bad idea.   Say you write a useful program in
> Pascal or F77.  It is easy to translate that program into C.
> If someone translates your program to C and sells it, tough luck on
> you.  Anything that is copyrighted must also be published and so
> anyone can see it.  
> 
Please call the company lawyer again!!  What is described here is infringement 
of copyright, which prohibits the production (beyond reasonable use) of
any COPY or DERIVED WORK.  Clearly, a TRANSLATION of your program from
Pascal to C is production of a derived work, and if the original was 
copyrighted, the translation is unauthorized.

If, on the other hand, you look at what a program does (e.g., read the
user manual or advertising literature), and write another
program to do the same thing, that is not copyright infringement.  The 
new program may use the novel ideas of the first, which cannot be
copyrighted, but there is no copy involved.

-- Mike Eager  (amd!eager)

ka@hou3c.UUCP (Kenneth Almquist) (08/28/84)

> Anything that is copyrighted must also be published and so
> anyone can see it.

That is not true, at least in the United States.  Under U. S.
law, works are born copyrighted.  In other words, if you write
something, you automaticly own the copyright.  It is possible
to lose the copyright on a work.  To avoid that, you should put
a copyright notice on the work, for example:

	Copyright 1984 by Kenneth Almquist.

You do not have to register a work for the copyright to be valid,
but the copyright office will happily register unpublished works
if you want them to.  You only have to send the beginning and
end of your program to the copyright office, so if you don't want
people in the copyright office to see your code, you can place
25 page comments at the beginning and end of your program.
				Kenneth Almquist

emks@uokvax.UUCP (08/30/84)

#R:ames:-48200:uokvax:10400003:000:981
uokvax!emks    Aug 30 09:34:00 1984

Is there anything similar to the little-known (but oft-used) Patent Secrecy
Act which would deal with Copr material?

If you're not familiar with it, the Patent Secrecy Act allows the U.S. to
protect the national security by reviewing patents to see if they contain
any defense classified information.  If they do, the patent process is
completed, but the patent requester receives a note in the mail marked
"SECRECY ORDER" which admonishes him to not reveal the patented material
to anyone to whom it was not known before he received the notice.

In the vast majority of cases, secrecy orders are slapped on projects which
expected the order anyway; e.g.: a government contractor submitting a
classified project for patent.  There are some Joe Citizens who have an order
put on their "time machine" or other project unexpectedly.  Surprise!

It is *possible* that the Patent Secrecy Act has to do with Copyrights, too,
but I'm too lazy to dig it up.

		kurt
   ctvax!uokvax!emks

ron@brl-tgr.UUCP (09/07/84)

> Anything that is copyrighted must also be published and so
> anyone can see it.

I think you have copyright confused with patent.

-Ron