Re: First amendment, encryption, fonts (Was: Shrinkwrap Licenses - Reply re UCC2b)

On Tue, 1 Sep 1998, Howard G. Zaharoff <hgz[_at_]buslaw128.com> wrote:
>
> If I follow the discussion, the answer is NO. Under the merger
> doctrine, if there is only one or a limited number of ways of expressing
> an idea, then second-comers who use the same expression (in this case,
> software coding) are not infringers.
>
> In other words, if there are multiple ways of programming a computer to
> generate a particular font style, then someone who wants to provide this
> font capability must write an original (that is, uncopied) program to do
> so. If there are very few ways of programming a computer to generate
> such fonts, then the programmer is relatively free to copy one of the
> existing few ways in order to provide the font capability. In any case,
> if the font itself is not protectible by copyrights, third parties must
> be free to create computer programs that embody the font capability.

Wasn't this conclusion successfully challenged by Lotus' "look alike" case?

Cheers,

Bernard Katz, Head, Special Collections and Library Development McLaughlin Library, University of Guelph, Guelph ON Canada N1G 2W1

   and Chair, Ontario Library Association Copyright Action Committee bkatz[_at_]uoguelph.ca // (519) 824-4120 X2089 // FAX: (519) 824-6931 Received on Wed Sep 02 1998 - 22:00:01 GMT