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From: tenney@well.UUCP (Glenn S. Tenney)
Newsgroups: comp.sys.amiga
Subject: Re: There's No Fun At Pixar
Message-ID: <3707@well.UUCP>
Date: Sun, 9-Aug-87 02:05:19 EDT
Article-I.D.: well.3707
Posted: Sun Aug  9 02:05:19 1987
Date-Received: Sun, 9-Aug-87 13:39:48 EDT
References: <1681@cadovax.UUCP> <921@hp-sdd.HP.COM> <1683@cadovax.UUCP>
Reply-To: tenney@well.UUCP (Glenn S. Tenney)
Distribution: world
Organization: Whole Earth 'Lectronic Link, Sausalito, CA
Lines: 39
Keywords: my 2 cents
Summary: it likely is infringing

Ok, you might not want to hear my two cents (I didn't see Leo's piece,
and think it's GREAT from what I heard), but...

I'm not an attorney, but over the last few years I've been a member
of the IEEE's Intellectual Property Committee which has been looking
long and hard at software copyright issues (among other things, including
patents and employee inventor's rights).

1. A copyright (audio/visual) would have to be filed by Pixar.  Has it?

2. There *is* existing case law of infringments where the infringer
   NEVER saw a stitch of the source code.  Rather, the general criteria
   seemed to be: would a reasonable person at say 10 feet think the
   two pieces to be substantially similar.

Now, since this was a demo by Pixar I doubt they've experienced a loss.
*However*, they might be ready to release it for sale on a video tape.

My reading cases on software and a/v (via video arcade companies)
copyright infringings had nothing to do with parody.  I would
think, however, that parody would be intended to make you laugh.  I
think that you would snicker ONLY if you had seen the Pixar demo and
understood.  I think it was a "cute" idea and showed what you
can do with a neat machine (rather than to parody for humor).

All in all, I think there is room to see both sides and not say
it is easy to say which side is right.  I think, if Pixar did not
(does not?) have an a/v copyright on file (did they have a copyright
notice on the screen?), then it is very strongly in Leo's favor.  Other
wise, it is gray area.  

I just wish Pixar would drop this so I can get a copy!!!!


-- Glenn Tenney 
UUCP: {hplabs,glacier,lll-crg,ihnp4!ptsfa}!well!tenney
ARPA: well!tenney@LLL-CRG.ARPA        Delphi and MCI Mail: TENNEY
As Alphonso Bodoya would say... (tnx boulton)
Disclaimers? DISCLAIMERS!? I don' gotta show you no stinking DISCLAIy( stp