1. A question about intellectual property
Discussion about restrictive vs permissive licences recently, prompted me to
think about this scenario: suppose I see a flowchart algorithm in a
professional medium (eg a textbook, or professional journal), and I go ahead
and develop some software heavily based on that algorithm;
is that software "mine"?
am I free to sell it as my own product?
do I have to acknowledge the source of the flowchart?
do I need to get permission from the author to use the diagram at all?
Thank you
Alex Caracatsanis
2. Re: A question about intellectual property
"Intellectual Property" is a fiction.
There is no way to prove that any idea or concept you may think up has not
already been thought of by one or more of the billions of people who live or
have lived. Perhaps implemented, and maybe even legally 'registered' somewhere.
So the answer to all of your questions is:
How good a lawyer can you afford?
Personally, if I publish an idea in a book or on the web, I would hope
people would use it. If I didn't want anyone to use it, then I wouldn't have
published it. Sadly, now there are far too many people who think they are
'entitled' to be paid for restating some concept that, as likely as not,
was thought up by some ancient greek or whatever.
As usual, only the lawyers really profit from any of this.
3. Re: A question about intellectual property
Alex Caracatsanis wrote:
>
> Discussion about restrictive vs permissive licences recently,
> prompted me to
> think about this scenario: suppose I see a flowchart algorithm in a
> professional medium (eg a textbook, or professional journal),
> and I go ahead
> and develop some software heavily based on that algorithm;
> is that software "mine"?
> am I free to sell it as my own product?
> do I have to acknowledge the source of the flowchart?
> do I need to get permission from the author to use the diagram at all?
I will attempt to answer these questions, but someone better informed than me
might come up with better answers.
Ideas can't be copyrighted. Only the material expression (program, book, etc.)
can be copyrighted. Therefore my guess is you would not be in violation of
copyright unless you copied the flowchart itself. And I guess the flowchart would
have to be a nontrivial work.
My guess is the answers would be: YES, YES, NO, NO
But acknowledging the source of the flowchart probably would be good karma and
polite, if the flowchart is a nontrivial work.
Altho ideas can't be copyrighted, software ideas can be patented.
If the idea expressed by the flowchart is patented, you could be in violation of
a software patent.
Do I have all that correct?
According to Richard Stallman, there should be no such thing as a software
patent. I listened to a whole bunch of ogg files from RMS.
4. Re: A question about intellectual property
Alex Caracatsanis wrote:
>
> Discussion about restrictive vs permissive licences recently, prompted me to
> think about this scenario: suppose I see a flowchart algorithm in a
> professional medium (eg a textbook, or professional journal), and I go ahead
> and develop some software heavily based on that algorithm;
> is that software "mine"?
> am I free to sell it as my own product?
> do I have to acknowledge the source of the flowchart?
> do I need to get permission from the author to use the diagram at all?
>
> Thank you
>
> Alex Caracatsanis
If it's just the description of an algorithm it's fine so long as its not
patented. If you're using source code then you need to get the author/publisher's
permission and what they say determines how you can use.
