Path: utzoo!utgpu!jarvis.csri.toronto.edu!rutgers!ukma!tut.cis.ohio-state.edu!cs.utexas.edu!kelvin
From: kelvin@cs.utexas.edu (Kelvin Thompson)
Newsgroups: gnu.gcc
Subject: Re: Supposed intellectual property rights.
Message-ID: <5634@cs.utexas.edu>
Date: 12 Jun 89 06:14:00 GMT
References: <8906100346.AA02699@sugar-bombs.ai.mit.edu> <136@yaxkin.cs.utexas.edu> <765@accuvax.nwu.edu>
Distribution: gnu
Organization: U. Texas CS Dept., Austin, Texas
Lines: 43

In article <765@accuvax.nwu.edu>, mccoy@accuvax.nwu.edu (Jim McCoy ) writes:
> 
> >During the talk's Q&A segment, Stallman said that with a gun pointed to
> >his head, as an extreme compromise, he might be able to accept a
> >relatively short copyright period for software.  Say 3-5 years.  This
> >sounds ideal to me: it protects investment, but allows for public use
> >of the software before it is ancient history.

I realize now I was mixing apples and oranges in my discussion.  I think
a 3-5 year copyright on the text and binaries of software is a good idea.
I have enough mixed feelings about the copyrightability of "look and feel"
that I won't state a position.  I'm sure RMS was talking about software,
not look-and-feel.

> A three (preferable) to five (more probable) year limit on the weakly
> supported idea of "look and feel" may be acceptable to some, but it
> still sets a dangerous precedent by saying that "look and feel" is
> something that CAN be copyrighted.  

I thought the Pac-Man case a few years back established that it "CAN be
copyrighted".  Didn't that case make it all the way to court and receive
a ruling?

> >Just think, if 3-5 years were the law, then Apple's look-and-feel -- and
> >much of its ROMs -- would be going free about now.
> 
> Yes, and Presentation Manager, SunViews, X, and a host of other
> software systems would be non-existant (or only in the formative
> stages) because the law would explicitly prevent anyone from infringing 
> on Apple's licsence.

I've yet to see P.M. in action, but in my view (and Apple's, apparently)
SunViews and X don't infringe.  Is there a license or lawsuit relating
to Presentation Manager?

The big, deciding question is:  Would "look and feel" progress faster
with lots of quick, small increments (i.e. with no copyrightability)
...or with fewer, bigger increments (i.e. with some copyrightability)?
I think the answer is not obvious.

-- 
-- Kelvin Thompson, Lone Rider of the Apocalypse
   kelvin@cs.utexas.edu  {...,uunet}!cs.utexas.edu!kelvin