"Borrowing" code

G

George Neuner

How would it be licenced without some sort of statement? If
there is no such statement, then the code is freely available. If
there is such a statement, then the code is not freely available.

Lew is correct. Under the Bern convention - which is followed (at
least theoretically) by all WIPO countries - the author of any work
retains an implicit copyright which requires no statement or mark.

Code posted in an online tutorial or other web article ordinarily is
NOT public domain - it belongs to the author and some rights may
belong to the owner of the site, the same as with a print article.
Unless the code carries a license or the text contains a statement by
the author explicitly granting permission to use the code, it legally
can be used for *only* for education under the Fair Use provision of
Copyright law. It should *not* be used for any other purpose without
obtaining permission.


However, code posted to a public discussion forum *is* presumed to
have been deliberately put into the public domain unless there is a
license or statement by the author which indicates otherwise.

The danger here is that the code may have been copied illegally from
somewhere else. Ignoranance of the origin of the code *might* shield
you from paying so-called "deliberate" damages in a copyright lawsuit
(meaning you *knew* it was a copyright violation but did it anyway),
but it won't protect you from the basic use violation.

Some people remember to say that the posted code is their own and that
it is free to use, but many do not.


The bottom line is that you should always assume that you CAN'T use
any code that you may come across unless it carries a free use
license. For any other case, you should contact the author and obtain
permission to use it.

IANAL
George
 
G

Gene Wirchenko

(snip)


(snip)

I explicitly copyright this newsgroup post. I don't authorize
you to copy it to your computer memory, view it on the screen,
store it on a news server, disk, tape, or any storage and
retrieval system, or otherwise do anything with it.

"Your Honour, in posting the post in question, the plaintiff was
obviously engaged in entrapment, and I am countersuing him for nearly
everything. I will graciously allow him to keep the shirt on his back
as sunburns can really smart."
Even more, I don't allow you to even think about doing one
of those things.

Even if your copyright is valid, you can not stop someone from
thinking of doing things.
(Copyright 2012)

Too late. We are into February already. A patent will not work
either. We have 47 days of prior art.

No, the humour did not escape me.

Sincerely,

Gene Wirchenko
 
B

Bent C Dalager

In a legal sense, sure.

In a legal sense, you cannot use anyone else's code ever, under any
circumstances, except by their explicit permission. There are
exceptions to this but unless you are a lawyer specializing in
copyright law, or have retained the services of one such, then you do
not understand what they are and so cannot reliably make use of them.

So if the legal sense is what actually matters to you the answer is:
no you cannot, consult a lawyer.

If, on the other hand, the legal sense does not matter to you but the
I want to do what I want sense matters more then you can presumably do
whatever you want. The law may come around and kick you in the balls
at some point of course, but them's the breaks.

I am not a lawyer so apply salt as necessary.

Cheers,

Bent D.
 
G

glen herrmannsfeldt

(snip, I wrote)
"Your Honour, in posting the post in question, the plaintiff was
obviously engaged in entrapment, and I am countersuing him for nearly
everything. I will graciously allow him to keep the shirt on his back
as sunburns can really smart."

Thanks. Though not much sun today.
Even if your copyright is valid, you can not stop someone from
thinking of doing things.

As I understand it, that is generally true except in (US)
immigration law. (I don't remember the details, but it is
different than almost everything else in the law.)

Then there is the always popular sign:

"Don't even think of parking here"

-- glen
 
A

Arved Sandstrom

Lew is correct. Under the Bern convention - which is followed (at
least theoretically) by all WIPO countries - the author of any work
retains an implicit copyright which requires no statement or mark.

Simply as a commentary, because of the way that Article 2 "Protected
Works" of the Berne Convention is written, efforts have been made to
give that language some more teeth when it comes to computer code. For
example, the WTO TRIPS agreement explicitly indicates that computer
programs and certain compilations of data are to be considered literary
works under the 1971 Berne Convention.

If it weren't for that, or other special pronouncements, a reasonable
person could be excused for thinking that a computer program is not a
literary or artistic work.
Code posted in an online tutorial or other web article ordinarily is
NOT public domain - it belongs to the author and some rights may
belong to the owner of the site, the same as with a print article.
Unless the code carries a license or the text contains a statement by
the author explicitly granting permission to use the code, it legally
can be used for *only* for education under the Fair Use provision of
Copyright law. It should *not* be used for any other purpose without
obtaining permission.

However, code posted to a public discussion forum *is* presumed to
have been deliberately put into the public domain unless there is a
license or statement by the author which indicates otherwise.

The danger here is that the code may have been copied illegally from
somewhere else. Ignoranance of the origin of the code *might* shield
you from paying so-called "deliberate" damages in a copyright lawsuit
(meaning you *knew* it was a copyright violation but did it anyway),
but it won't protect you from the basic use violation.

Some people remember to say that the posted code is their own and that
it is free to use, but many do not.

The bottom line is that you should always assume that you CAN'T use
any code that you may come across unless it carries a free use
license. For any other case, you should contact the author and obtain
permission to use it.

IANAL
George

IANAL too. There are some good links for Not-A-Lawyers like us, such as
http://law.unh.edu/thomasfield/ipbasics/copyright-for-computer-authors.php.
These follow from the basic principle that a layman is an idiot for not
consulting a lawyer in matters of law, but they are doubly an idiot if
they consult a lawyer without learning what a *layman* should know about
the topic. [1]

As Thomas Field points out in that online reference, the most important
risk is not that of liability, it is of suit. IOW, in matters of
copyright who cares whether or not you're in the right, what matters is
whether some a**hole drags you into court. Since it is basically
impossible to write independent code without appearing to violate
copyright sooner or later [2] (assuming that all other programmers have
eyeballs on your source), your best protection is to (1) not open source
your code, (2) use comments liberally, (3) be creative with variable and
method and class names, and (4) don't open source your code.

AHS

1. Some people would have it that non-lawyers are completely unable to
understand any law. I have no patience for them. These are probably the
same people that don't know zilch about their cars and leave it all up
to their mechanic.

2. Although it is theoretically a defense against copyright infringement
that you independently wrote that code - and it's certainly possible
that you did - good luck with that in the courts.
 
L

Lew

Exactly so. It wouldn't be.

Mere presence in a tutorial is not a license.


Wrong. In most jurisdictions, certainly in the U.S., all rights are reserved by
default. Ergo if there is no statement of license, then the code is completely
unavailable, outside fair use.
[ SNIP ]

What do you do if you can find essentially the same code, except for WS
and variable names and such, on dozens of different websites?
Acknowledge everyone?

What? Huh? "Essentially the same code, except for" the things that make it
different under copyright law? Where's the problem?
I'm not talking about plagiarism either. I'm talking about code snippets
that, given a certain situation, really won't deviate from a certain
form. Any adequate programmer, confronted with the same problem, would
arrive at essentially the same expression. There are numerous examples
of this on the Internet or in books or in magazines.

This is a question of law. What does the law say?

AIUI, if you copy the same expression as a copyright work without permission,
you have violated the copyright. That's the law. You can play the "how many
angels can dance on the head of a pin?" game all you want, but absent the
particulars of a given case you're just playing with yourself.
Code is not prose or poetry. That's why automatic copyright for source
code is a flawed concept. Ideally people should have to explain why they
think their code rates copyright. I understand that we shouldn't be
flouting the current (broken) system, but we shouldn't be passively
accepting it either.

I guarantee that each and every one of us writes code routinely,
independently and without copy & paste and without reference to others'
material, that could be attacked on the basis of copyright, simply
because someone published something basic. Are you cool with that?

You could write a Harry Potter novel without seeing the original work, too.
J.K. Rowling could then sue you, as her publishers have done, and you would
lose. Are you cool with that?

Copyright exists to protect the expression of a work. It has value. It '
prevents others from profiting from the copyright holder's work without
sharing the profit, or at least getting permission. Yes, I'm cool with that.

You should be, too.
 
G

glen herrmannsfeldt

(snip)
AIUI, if you copy the same expression as a copyright work without permission,
you have violated the copyright. That's the law. You can play the "how many
angels can dance on the head of a pin?" game all you want, but absent the
particulars of a given case you're just playing with yourself.

There are many language constructs that are normally done the
same way, but not copied. It is likely possible to convince a
judge that something was copied when, in fact, it wasn't.
You could write a Harry Potter novel without seeing the original work, too.
J.K. Rowling could then sue you, as her publishers have done, and you would
lose. Are you cool with that?

There were stories about completely different versions of HP7
being released in China. That is, without seeing the original.
But suing in China isn't so easy.
Copyright exists to protect the expression of a work. It has value. It '
prevents others from profiting from the copyright holder's work without
sharing the profit, or at least getting permission. Yes, I'm cool with that.

-- glen
 
A

Arved Sandstrom

Gene Wirchenko wrote:
Lew wrote:
It's too strong a conclusion, "freely" available. A tutorial's code very
reasonably could be licensed only for personal use in service of learning the
material in the tutorial. Presence in a tutorial is not presumptive evidence
that code is licensed freely or in the public domain.

How would it be licenced without some sort of statement?

Exactly so. It wouldn't be.

Mere presence in a tutorial is not a license.

If there is no such statement, then the code is freely available.

Wrong. In most jurisdictions, certainly in the U.S., all rights are reserved by
default. Ergo if there is no statement of license, then the code is completely
unavailable, outside fair use.
[ SNIP ]

What do you do if you can find essentially the same code, except for WS
and variable names and such, on dozens of different websites?
Acknowledge everyone?

What? Huh? "Essentially the same code, except for" the things that make it
different under copyright law? Where's the problem?

Lew, you're not that dense. You know damned well that copyright
infringement doesn't require identical copying. Look up "substantial
similarity".

Some of the points that I somewhat jokingly mentioned in another post,
like changing variable names and adding comments, are actually useless
for material that was accessible on the Internet, because if a
substantial similarity analysis shows that *only* variable names and
whitespace and comments are different, you're still on thin ice.

Where differences like this are more important is for non-public code,
where if access cannot be proved, then any difference has more meaning
in demonstrating that copying probably did not happen.

In copyright infringement cases, including source code, substantial
similarity and access go hand in hand. As evidence for access goes up,
there is less proof required for showing similarity, and vice versa.
Like I mentioned above, for material published on the Internet then
access is provable and obvious, and the bar for showing substantial
similarity is correspondingly less.

The issue certainly is not about "identical" code.
This is a question of law. What does the law say?

We know what the law says. You do, I do, and most other thinking people
do. You don't need to consult a lawyer for the basics here.

If such a situation were to go legal, let's assume that for each of the
N apparently similar code snippets that we have N known, undisputed
authors. One of them is the plaintiff, and has to prove first the
infringement and then that damages occurred as a result, against one or
more of the other N-1 parties.

The law is also quite clear that the case made by the plaintiff involves
the two factors of substantial similarity and access. In some cases, for
example if the similarity is actually striking, then no proof of access
may be needed.

The point I'm making is about the case where access is provable
(everything is on the Internet) and code snippets *are* substantially
similar, but we are positing that they were in fact independently
produced. The court, IOW, would find for infringement - that is the part
of my point - but in fact there was not any - that is the other part of
my point.

The larger argument I am trying to make here, Lew, is that *Internet*
publishing of source code by all and sundry has created a situation that
copyright law isn't all that good at addressing. For computer code that
does *not* get published - it resides in a company's version control,
and at most the source code might be provided to clients/customers -
then I think existing copyright law is OK.

I also think that there similar problems associated with source code
excerpts in books. Let me give you just one example: in Jason Hunter's
"Java Servlet Programming" books (I am looking at the one that covers
Servlet 2.2, and the 2.3 Draft) he discusses the new-fangled servlet
filters, and provides a LogFilter as an example. This filter prints out
("logs") the before and after times for a request. Even if a Java
programmer has never seen that example, the odds are extremely high that
if they write such a filter that it won't just be substantially similar,
it'll be strikingly similar.

So who wins the copyright battle there? Or do we consider that to be
trivial code? Maybe we do. But there are many situations that result in
lengthier code that will still be substantially similar but
independently developed...time and time and time again.
AIUI, if you copy the same expression as a copyright work without permission,
you have violated the copyright. That's the law. You can play the "how many
angels can dance on the head of a pin?" game all you want, but absent the
particulars of a given case you're just playing with yourself.


You could write a Harry Potter novel without seeing the original work, too.
J.K. Rowling could then sue you, as her publishers have done, and you would
lose. Are you cool with that?

Different situation. Source code is not the same thing as prose and
poetry, not in real life it's not. In law it is, but law simply reflects
what society wants, and what certain segments of society want; law is
loosely correlated with common sense at times.
Copyright exists to protect the expression of a work. It has value. It '
prevents others from profiting from the copyright holder's work without
sharing the profit, or at least getting permission. Yes, I'm cool with that.

You should be, too.
Lew, buddy, if you write code that is original, non-trivial and that I
cannot write myself given my current abilities and domain knowledge, and
that after due diligence (namely research in other documentation) I see
that it is also non-trivial to programmers who are well-versed in the
problem domain, I would be overjoyed to credit you with the work.

AHS
 
L

Lew

glen said:
Lew wrote:
(snip)

There are many language constructs that are normally done the
same way, but not copied. It is likely possible to convince a
judge that something was copied when, in fact, it wasn't.

You can play the "how many angels can dance on the head of a
pin?" game all you want, but absent the particulars of a given
case you're just playing with yourself.
 
L

Lew

Arved Sandstrom wrote:
[snip]
Lew, buddy, if you write code that is original, non-trivial and that I
cannot write myself given my current abilities and domain knowledge, and
that after due diligence (namely research in other documentation) I see
that it is also non-trivial to programmers who are well-versed in the
problem domain, I would be overjoyed to credit you with the work.

Your followup draws the necessary distinctions. Your points are
well taken.
 
G

glen herrmannsfeldt

(snip)
You can play the "how many angels can dance on the head of a
pin?" game all you want, but absent the particulars of a given
case you're just playing with yourself.

http://en.wikipedia.org/wiki/SCO-Linux_controversies

There is much discussion, and links to other cases, in that.

One interesting one:

"Since IBM released the relevant code under the terms of the GPL, it
claims that the only permission that SCO has to copy and distribute
IBM's code in Linux is under the terms and conditions of the GPL, one
of which requires the distributor to "accept" the GPL. IBM says that
SCO violated the GPL by denouncing the GPL's validity, and by claiming
that the GPL violates the U.S. Constitution, together with copyright,
antitrust and export control laws."

I hadn't known before that denouncing GPL was a violation of it.
I wonder if that would be upheld against freedom of speach.

The one specific case of copied code involves "errho.h".

Also, in the "SCO and SGI" section:

"The code did not do anything. It was in a part of the Linux kernel
that was written in anticipation of a Silicon Graphics architecture
that was never released.

It had already been removed from the kernel two months earlier.

The contested segment was small (80 lines) and trivial."

Size and triviality haven't been mentioned much in this thread.

More details on unix: http://en.wikipedia.org/wiki/USL_v._BSDi

"The University also claimed that similar lines of source code (which
were presented during discovery) did not infringe on USL's copyright
because they had become public domain by the actions of AT&T: AT&T
had promoted UNIX as a standard, licensing it to universities and
allowing UNIX source code to be published in textbooks. The
University submitted briefs from the UC Berkeley students and staff,
explaining how they had audited the code, looking for freely
available copies of the source code and methods. When they could find
none, they said, they removed the code and rewrote it using publicly
known techniques.and so any remaining similarities existed because
AT&T had effectively abandoned the copyright to them."

Note (more details in the article) that one can lose copyright status.

Also, that code (and presumably also prose) too similar to already
public domain code can't be copyrighted. So, BSD didn't have to
rewrite all the potentially infringing code if they could make a
case for it already being public, or close enough to public
domain code.

Also interesting: http://en.wikipedia.org/wiki/Copyfraud

-- glen
 
G

glen herrmannsfeldt

(snip)
Lew, you're not that dense. You know damned well that copyright
infringement doesn't require identical copying. Look up "substantial
similarity".
(snip)
We know what the law says. You do, I do, and most other thinking people
do. You don't need to consult a lawyer for the basics here.
If such a situation were to go legal, let's assume that for each of the
N apparently similar code snippets that we have N known, undisputed
authors. One of them is the plaintiff, and has to prove first the
infringement and then that damages occurred as a result, against one or
more of the other N-1 parties.

Sounds amazingly like the SCO vs. (N-1 parties) regarding unix code
copyright. (See my previous post or:
http://en.wikipedia.org/wiki/USL_v._BSDi .)

(snip of more good points in the discussion)

-- glen
 
A

Arved Sandstrom

(snip)

http://en.wikipedia.org/wiki/SCO-Linux_controversies

There is much discussion, and links to other cases, in that.

One interesting one:

"Since IBM released the relevant code under the terms of the GPL, it
claims that the only permission that SCO has to copy and distribute
IBM's code in Linux is under the terms and conditions of the GPL, one
of which requires the distributor to "accept" the GPL. IBM says that
SCO violated the GPL by denouncing the GPL's validity, and by claiming
that the GPL violates the U.S. Constitution, together with copyright,
antitrust and export control laws."

I hadn't known before that denouncing GPL was a violation of it.
I wonder if that would be upheld against freedom of speach.

It's not a violation of any license to be critical of it. It _is_ a
violation to not only be critical but then to flout the license.
The one specific case of copied code involves "errho.h".

Also, in the "SCO and SGI" section:

"The code did not do anything. It was in a part of the Linux kernel
that was written in anticipation of a Silicon Graphics architecture
that was never released.

It had already been removed from the kernel two months earlier.

The contested segment was small (80 lines) and trivial."

Size and triviality haven't been mentioned much in this thread.

See the link I provide below.

I've mentioned triviality a few times. As far as I know "triviality"
actually subsumes other copyright concepts: originality, similarity
tests, de minimus copying, and so forth. For example, the amount of
copying may be so trivial that it is below the threshold for a
substantial similarity test; the defense may then be one of de minimus
copying.

I meant both that, and also originality. If there really is only one way
to express given functionality, it may not even be possible to copyright
the code in the first place.

There is no set minimum amount of code established by any jurisdiction
I've ever heard of. that would make no sense. In many languages 80 lines
of code is a large amount and it's almost not possible to write
something trivial in 80 lines. But that ~80 lines of code you mention
above might have been unoriginal.
More details on unix: http://en.wikipedia.org/wiki/USL_v._BSDi

"The University also claimed that similar lines of source code (which
were presented during discovery) did not infringe on USL's copyright
because they had become public domain by the actions of AT&T: AT&T
had promoted UNIX as a standard, licensing it to universities and
allowing UNIX source code to be published in textbooks. The
University submitted briefs from the UC Berkeley students and staff,
explaining how they had audited the code, looking for freely
available copies of the source code and methods. When they could find
none, they said, they removed the code and rewrote it using publicly
known techniques.and so any remaining similarities existed because
AT&T had effectively abandoned the copyright to them."

Note (more details in the article) that one can lose copyright status.

Also, that code (and presumably also prose) too similar to already
public domain code can't be copyrighted. So, BSD didn't have to
rewrite all the potentially infringing code if they could make a
case for it already being public, or close enough to public
domain code.

Also interesting: http://en.wikipedia.org/wiki/Copyfraud

-- glen
Also a very good read:
http://softwarefreedom.org/resources/2007/originality-requirements.html

AHS
 
G

Gene Wirchenko

[snip]
You could write a Harry Potter novel without seeing the original work, too.
J.K. Rowling could then sue you, as her publishers have done, and you would
lose. Are you cool with that?

She could sue, and you could win. Copyright protects against
copying. Independently coming up with something is not a copyright
violation. Granted that, in this case, it would be difficult to show
the independence, but in principle, it is possible.

[snip]

Sincerely,

Gene Wirchenko
 
G

Gene Wirchenko

On Sat, 18 Feb 2012 01:37:36 +0000 (UTC), glen herrmannsfeldt

[snip]
Then there is the always popular sign:

"Don't even think of parking here"

I prefer
"Wizards' Guild Parking Only -- Violators Will Be Toad"
but that is a different area with different enforcement methods.

Sincerely,

Gene Wirchenko
 
B

BGB

It's not a violation of any license to be critical of it. It _is_ a
violation to not only be critical but then to flout the license.

yeah.
I am sometimes critical of the GPL, but I also generally respect its
requirements.

hell, I would probably not have written my own 3D engine had I simply
been able to "disregard" the GPL on the already existing Quake engine,
as in my case my main reason for writing my engine as it exists was
because I wasn't really happy in some ways with the GPL.

See the link I provide below.

I've mentioned triviality a few times. As far as I know "triviality"
actually subsumes other copyright concepts: originality, similarity
tests, de minimus copying, and so forth. For example, the amount of
copying may be so trivial that it is below the threshold for a
substantial similarity test; the defense may then be one of de minimus
copying.

I meant both that, and also originality. If there really is only one way
to express given functionality, it may not even be possible to copyright
the code in the first place.

There is no set minimum amount of code established by any jurisdiction
I've ever heard of. that would make no sense. In many languages 80 lines
of code is a large amount and it's almost not possible to write
something trivial in 80 lines. But that ~80 lines of code you mention
above might have been unoriginal.

in C, 80 lines of code often is fairly trivial.

although the logic is often fairly dense, the semantic density of C is
often a bit lower, so one often has to write a lot more code to complete
the same tasks (or express the same "high-level" operation).

this is also a language where single functions anywhere from 50 to 250
lines are not uncommon.


this is different from Java, which although substantially more verbose
than C, and posing some rather awkward restrictions, does at least have
a merit:
the typical amount of expression per line of code is often a bit higher
(partly due to the heavy use of library functionality, one could almost
joke that Java is more a language for invoking library methods than
actually writing code in, but either way...).

the tradeoff is that Java is not as well suited to writing pure logic
code (it is fairly hard to get much done without either creating new
class instances or invoking methods).

OTOH, C tends to more favor plain logic code, given its lack of built-in
objects, a fairly minimal standard library, ..., which combined with a
more expressive core language (pointers and a wider variety of built-in
operations), leads to somewhat different coding practices (which often
has the consequence of leading to much lower-density code).

"well, I could write a function to look this thing up in a link list, or
I could just write out the logic for walking the linked list right
here." so, while someone in another language is off invoking a container
method or similar, maybe the C programmer is writing a "while()" loop to
walk through the contents of the linked list or similar (typically
leading to longer code overall).


however, I suspect it is actually thought, rather than code, which is
what is expensive. a person can spend very little thought but write out
several kloc of fairly dull code, or invest maybe many hours into
writing and thinking over the specifics of only 10 or 20 lines.

one can do far more work, in terms of volume, when they don't really
need to think, and it all becomes a semi-autonomous process (when the
mental clockwork starts going).

well, sort of, "getting really into it" and spewing out several kloc
over the course of a few hours can IME lead to temporary disorientation
and occasional flash-backs (where, at the moment, one can't really
remember what all code they wrote, but have flashes of large chunks of
code in their mind, and normal reality seems almost dream-like for a
little while until one can mentally recover, which often also restores
ones' memory of just what all they had proceeded to write).

could this be done with a higher semantic density? maybe not, they would
either require much more thinking (lower output rate), or end up writing
less code overall (if the same level of information is expressed in
fewer lines of code).

(refraining from going into "philosophy of life and coding" issues,
don't need to go too much on a tangent...).

reading code becomes similar, as one gets fairly used to quickly
scrolling through largish volumes of code and letting background mental
processes sort through it, and ones' mind will gloss over most of it,
boiling it down to its relevant core points.


however, the matter of semantic code density often also reduces the
ability to directly compare code between languages in terms of
measurable kloc.

probably 500 kloc of Java code is not the same as 500 kloc of C code
(either in terms of expression, or in terms of effort or approximate
time to write it).

so, a lot depends, 80 lines of C code could very well be trivial.
800, or 8000, lines would probably not be so trivial, however, it may
depend some on the specifics.


yep.
 
M

Mark

[snip]
You could write a Harry Potter novel without seeing the original work, too.
J.K. Rowling could then sue you, as her publishers have done, and you would
lose. Are you cool with that?

She could sue, and you could win. Copyright protects against
copying. Independently coming up with something is not a copyright
violation. Granted that, in this case, it would be difficult to show
the independence, but in principle, it is possible.

It doesn't just protect in copying actual works but also ideas. There
was a case where a photographer took a similar photo to another and
lost the case.
 
L

Lew

Mark said:
It [copyright] doesn't just protect in copying actual works but also ideas. There
was a case where a photographer took a similar photo to another and
lost the case.

That's still protection of expression, not of ideas. It is the photographs
that were similar enough to constitute violation, not the ideas.
 
B

BGB

Mark said:
It [copyright] doesn't just protect in copying actual works but also
ideas. There
was a case where a photographer took a similar photo to another and
lost the case.

That's still protection of expression, not of ideas. It is the
photographs that were similar enough to constitute violation, not the
ideas.

yeah.

photographer A takes picture of brick wall;
photographer B rips off picture of brick wall.

vs, if photographer B took a similar picture of another brick wall.
"but, you see, these bricks are different..."

could be extended to pictures of concrete and metal panels and so on as
well.

it makes sense to make things different enough that they can be more
easily told apart (one picture of carved stone brick vs another of
cinder-block, ...), or if they are of the same material, at least some
sort of apparent visual difference.

or such...
 
G

Gene Wirchenko

If you wrote a _Harry Potter novel_, i.e. a novel set in the Harry
Potter universe, it would count as a derivitative work and be in
violation of Rowling's copyright, even if most of the work was
original. I don't think that aspect of copyright is relevant for
source code though, but INAL.

But that is not what is under discussion. Note the "...without
seeing the original work...". It is not copyright violation then.

Sincerely,

Gene Wirchenko
 

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