Changeset - 6f718b34bb47
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-21 16:53:55
bkuhn@ebb.org
Correct ' signs in these places.
1 file changed with 3 insertions and 3 deletions:
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gpl-lgpl.tex
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@@ -1371,18 +1371,18 @@ The First Circuit has taken the position that the AFC test is inapplicable
 
when the works in question relate to unprotectable elements set forth in 
 
\S~102(b).  Their approach results in a much narrower definition
 
of derivative work for software in comparison to other circuits. Specifically, 
 
the
 
First Circuit holds that ``method of operation,'' as used in \S~102(b) of
 
the Copyright Act, refers to the means by which users operate
 
computers. Lotus Development Corp. v. Borland Int’l., Inc., 49 F.3d 807
 
computers. Lotus Development Corp. v. Borland Int'l., Inc., 49 F.3d 807
 
(1st Cir. 1995).  In Lotus, the court held that a menu command
 
hierarchy for a computer program was uncopyrightable because it did not
 
merely explain and present the program’s functional capabilities to the
 
merely explain and present the program's functional capabilities to the
 
user, but also served as a method by which the program was operated and
 
controlled. As a result, under the First Circuit’s test, literal copying
 
controlled. As a result, under the First Circuit's test, literal copying
 
of a menu command hierarchy, or any other ``method of operation,'' cannot
 
form the basis for a determination that one work is a derivative of
 
another.  As a result, courts in the First Circuit that apply the AFC test
 
do so only after applying a broad interpretation of \S~102(b) to filter out
 
unprotected elements. E.g., Real View, LLC v. 20-20 Technologies, Inc., 
 
683 F. Supp.2d 147, 154 (D. Mass. 2010).
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