*BSD News Article 10756


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From: rlk@underprize.think.com (Robert Krawitz)
Newsgroups: alt.suit.att-bsdi,comp.unix.bsd
Subject: Re: George William Herbert's Challenge - Part 4 (copyright & derived works)
Date: 3 Feb 93 22:33:55
Organization: Thinking Machines Corporation, Cambridge Mass., USA
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References: <106742@netnews.upenn.edu> <1993Jan27.215738.12384@igor.tamri.com>
	<1kbtpf$e9h@agate.berkeley.edu> <1993Feb3.175211.13214@igor.tamri.com>
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In-reply-to: jbass@igor.tamri.com's message of Wed, 3 Feb 93 17:52:11 GMT

In article <1993Feb3.175211.13214@igor.tamri.com> jbass@igor.tamri.com (John Bass) writes:

   In regard to derived works, standards from other parts of the publishing
   industries need to be examined. Take music for example.

   If we have a well known piece, like "Jingle Bells" and someone comes along
   with a tune that sounds just like it ... IE has the same rhythm and melody
   ... then we without question would call it a rendition of "Jingle Bells",
   no matter how much the author claims it to be a new piece ... even if
   EVERY note, EVERY chord, and every other technical description is different
   from the original.

Borrowing themes has long been established practice in music (since well
before Brahms wrote his first symphony, whose fourth movement has a main
theme, and an organization, remarkably similar to that of Beethoven's
ninth, and no one ever claimed that it was coincidence).  Borrowing
overall organization of a work has never been controversial, whether
it's sonata form (which has been around for centuries), or two verses,
guitar solo, and one more verse in three minutes (which has been around
for decades).

   No matter how much the author whines, we presume that he heard it atleast
   once and his song was derived from the original melody. To play the song
   and with a striaght face call it original is plagiarizm. To play the song
   and introduce it as your rendition of the original is called creativity.
   If the original author or publisher still retains a valid copyright, then
   you may be able to play the tune to yourself in the privacy of your home,
   but to play it in public would be illegal unless you obtain the right to
   do so from the copyright holder.

Let's get off this plagiarism issue, shall we?  Plagiarism is not the
issue; whether BSDI misappropriated trade secrets and/or violated
copyright is the issue.  If BSDI used ATT's or USL's ideas in a way that
did not violate copyright, then BSDI has no legal responsibility here.
This newsgroup is called alt.SUIT.att-bsdi

   This is the context on how to apply the scrutiny of "methodology and
   algorithms, including the sequence of processes adopted by the programmer"
   to works that are suspected of derivation.

   For those of you with source access, review stand & boot with this frame of
   mind ... nearly every line of code is different (notes & chords), but the
   basic design and structure (melody) remains the same. Now start reviewing
   other code segments of 386BSD, for we will be appling this tests over and
   over.

No, YOU first demonstrate that basic design and structure is subject to
copyright.  If you can't demonstrate this, then your argument falls
apart.

An analogy of your argument applied to music is "I have copyright on
music in four movements, the first of which is an allegro organized as
exposition-development-recapitulation in two, the second of which is an
adagio in four, the third of which is a minuet and trio with a repeat of
the minuet, and the fourth is an allegro in two with a presto coda" (in
other words, the organization of a classical sonata or symphony).  Haydn
wrote 104 pieces of that nature (those are just the ones for orchestra,
his symphonies), and Mozart wrote 41.  Funny, Haydn never sued Mozart
for copyright infringement.

   In the academic and research community, plagiarizm is a serious issue.

I hate spelling corrections, but as long as you insist on being so
pedantic and so focused on the issue, please spell "plagiarism"
correctly.

In any event, BSDI lives by commercial rules, not academic ones.
Copyright infringement is one thing.  Failure to give credit that one is
not legally required to give is quite another.
--
ames >>>>>>>>>  |	Robert Krawitz <rlk@think.com>	245 First St.
bloom-beacon >  |think!rlk				Cambridge, MA  02142
harvard >>>>>>  .	Thinking Machines Corp.		(617)234-2116

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