[License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

Chris Travers chris at metatrontech.com
Tue Jun 12 02:38:57 UTC 2012


Can you name a single case where a US court has said that if literal
copying of code is required for interoperability of practical software
or other practical tools (printer cartridges, garage door openers,
etc), that this gives the copyright owner control over the markets for
add-on products?

It seems to me that courts in the US have consistently rejected such
arguments and have done so for some time.  The only cases to the
contrary involve markets which are not for practical tools.  Indeed I
think the difference between Midway and Galoob is precisely this
difference.  Galoob's game genie was deemed to be a practical tool
that allowed a user to engage in behavior considered to be fair use,
while the software at issue in Midway was deemed to create a new
entertainment work.

Best Wishes,
Chris Travers

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