Independent creation

Eric Eldred wrote (in a message that otherwise had much I agreed with):

"No, because if the work is copyrighted then even independent creation can violate copyright. Registration does not require complete disclosure of the code."

This may well be correct, as a practical matter. But it is directly contrary to the rule of law regarding copying. Theoretically, even absolutely identical works can each have their own copyright if they are created independently, and the software "clean room" procedure is an elaborate attempt to take advantage of this rule of law.

Roland J. Cole, Executive Director
SOFTWARE PATENT INSTITUTE
A Nonprofit Corporation
11 South Meridian Street, Suite 1313
INDIANAPOLIS IN 46204-3535
317-231-7799 fax 317-231-7433
cole@spi.org http://www.spi.org Received on Tue Oct 03 2000 - 15:30:15 GMT