Re: Where we went astray-- Antitrust and Microsoft

David F. Crosby <dfc[_at_]lappinkusmer.com> wrote:
>
> I like the idea of full disclosure (in electronic format) of the source
> code to allow reverse engineering, but wouldn't an alternative operating
> system be a (an unlicensed) derivative work?

It depends on what and how much is copied, and to some extent in which circuit an infringement suit is tried. I think in most circuits, the Altai Abstraction/Filtration/Comparison analysis would be employed to distinguish whether copied material was infringing. Filtration in particular is of interest here in eliminating material from copying that is funcitional, can only be done in a limited number of ways, etc. This greatly complicates any infringement analysis.

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1997 Bruce E. Hayden,all rights reserved
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Bruce E. Hayden                      bhayden[_at_]acm.org               
Austin, Texas                        bhayden[_at_]copatlaw.com