A question about intellectual property

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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

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