Re: Double Creation

On 23.07.97, Jill Ann Hurst <jill[_at_]textwise.com> wrote:
>
> Carlos de Miguel <ectil06[_at_]sis.ucm.es> wrote:
> >
> > Do you think that it is possible, that two different people, create
> > independently the same computer program? Given that both creations
> > may vary accidentally in any concrete development or ornament, but
> > remaining substantially the same?
>
> If you mean that the actual code written would be different, but the
> functionality and intent of the application would be the same -- my
> answer is "yes". But how likely would that be? Would it be more
> likely that a programmer creates an application and that another
> programmer "duplicates" the look, feel and intent of that application
> but uses a different programming language and different code design?
> Yes.
 

Often the 'double creation test' is suggested in European jurisdiction as a test of whether computer programs have sufficient originality (in the European interpretation of originality). If the functions determine the design of the computer program to such a degree that two programmers independently would write identical code, the programs would not be original. Obviously this only would be probable for small programs, programs solving functions according to recommendations in text books, etc. This would not be probable for programs of any complexity. It has been suggested that as a rule of a thumb, a program having commercial value also will be original (in the European interpretation).

Jon Bing

Institutt for rettsinformatikk
Det juridiske fakultet
Universitetet i Oslo

Norwegian Research Center for Computers and Law Faculty of Law - University of Oslo

PO Box 6702 St Olavs Plass
N-0376 OSLO - Norway

Phone: +47-22-850101, fax: +47-22-850102 Private fax: +47-22 67 74 78
<jon.bing[_at_]jus.uio.no> Received on Fri Jul 25 1997 - 16:23:35 GMT