Re: Merger Doctrine Question -- Idea/Expression

On 11/11/98, J. Jay Guiliano <jguilian[_at_]hancocklaw.com> wrote:
>
> There are a number of peculiar aspects of this case, but one could argue
> that the 2nd Circuit decision stands for the proposition that the merger
> doctrine can be applied to negate copyrightability, not merely as a
> defense to infringement.

As I noted in a previous message in this thread, the Second Circuit has been inconsistent in that Kregos and CCC were unequivocal in rejecting the copyrightability model in favor of the infringement approach, while Computer Associates, without mentioning Kregos, was equally unequivocal in adopting the copyrightability model.

Sheldon W. Halpern
The Ohio State University College of Law <shalpern[_at_]pop.service.ohio-state.edu> Received on Thu Nov 12 1998 - 14:42:29 GMT