No subject

Tue Aug 30 17:20:58 CDT 2005

What is protectable?

- not protected
- must be an "expression...of a set of instructions"
- Autodesk Inc v Dyason (Aust): copying function of AutoCAD lock but not code (no infringement)

Program Structure?
- (cf: plot elements in literary/dramatic works capable of protection)
- eg. structural arrangements of modules and subroutines
- yes if expression of idea, & no if ideas or functions: difficult line to draw
- yes if organisation, sequence, arrangement or compilation
- not protectable: elements of software which are:
  * ideas;
  * dictated by efficiency or external factors (eg h/w) specs, compatibility reqms, industry standards; or
  * public domain
- not if similarity is due only to similar subject matter
  * analogy: drawing of a hand
  * eg any 2 word processors will have some structural similarities

> -----Original Message-----
> From: wine-devel-admin at [mailto:wine-devel-admin at] On Behalf Of Mike McCormack
> Sent: 25. marts 2005 10:39
> To: Jonathan Wilson
> Cc: wine-devel at; ros-dev at
> Subject: Re: I think I know how uxtheme works...
> Jonathan Wilson wrote:
> > What I am doing here is clean-room reverse engineering.
> There's no reason that we need to expose ourselves to any legal risk at
> all.   It may be your opinion that reading assembly code and describing
> it is legal and safe, but I don't agree and I'm sure others who work on
> Wine don't either.
> The original IBM BIOS was clean room reverse engineered because there
> was not enough documentation available for it.  We have MSDN, which is
> not 100% complete, but is good enough for most purposes.  Other things
> can be deduced from test programs.  Information that cannot be deduced
> by a test program is irrelevant.
> Reverse engineering does not help Wine.  Casual observers will assume
> that Wine is the result of reverse engineering by disassembly, which is
> incorrect and harmful.
> Mike

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