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Subject: 
SV: Roboarm from Dave Baum's super book
Newsgroups: 
lugnet.robotics
Date: 
Sun, 2 Jan 2000 11:38:39 GMT
Original-From: 
Jari Pyyluoma <jari-pyy@dsvSPAMCAKE.su.se>
Viewed: 
584 times
  
I'm by no means a legal expert, and perhaps I'm being a bit paranoid, but
I don't believe its quite that simple.

First, I wouldn't trust anything I wrote to actually hold up in a court of
law, so I'd need to hire an attorney to write it.  One way around this may
be to use something already in existence (such as the GPL) to license the
models (1).


To begin with a license is only binding for those that have signed it. The rest
of the world is not bound by it. So if you license something you'd better make
very sure that it is not spread further. That is usually done by using huge
damages.
That will propably only work if we talk deep-pockets, like corporations.

Second (and more important), enforcing the agreement would be difficult.
The burden would be on me to sue anyone who infringed on this.  Let's say
a book comes out next year and the 3D stuff looks suspciously like mine.
Not exact - just suspiciously close.  How can I tell if the other
publisher just took my models and tweaked them a bit?  They would be under
no obligation to show me their 3D data files - not without a court order.
Of course everyone is trying to model the same physical object (lego
bricks), thus it would be expected that independently developed 3D models
would look similar.  Would I be willing to start a suit (and all of the
associated cost and effort) just on the chance that the other publisher
*may* have infringed?


Secondly copyright is binding for everyone, except maybe for people in countries
which
do not recognise copyright the way we do. But copyright is only afforded
"unique"
creations. If there is a chance someone independently can create the same thing,
then courts usually won't give copyright-protection. Copyright can never protect
ideas. Without copyright-protection there is no other protection, except if you
patent it, which is not any idea in my opinion.

Jari



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