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- From: PILCH Hartmut <phm@a2e.de>
- To: Jonas Maebe <jonas.maebe@ugent.be>
- Cc: AFUL Patent Forum <patents@aful.org>
- Subject: Re: [Patents] That Article
- Date: Fri, 3 Dec 2004 10:38:13 +0100
> >Copyright fundamentally does not protection functionality. Software is
> >fundamentally functionality.
>
> Actually, software is fundamentally a description of functionality.
Even if it was only functionality, there would still be an individual element
in the way complex functionality is arranged. "Individual" here meaning "one
of many possible solutions, not derived from any necessity, not likely to
be independently infringed".
Anyway, you can always reduce esthetics to functionality as well. An esthetic
work is a complex functional system that produces certain sensual effects.
Functionality vs esthetics is not necessarily a distinction that leads
anywhere.
Just like "idea vs expression" or "individual vs common", it is a rather
superficial dichotomy that allows people to engage in long sermons without
reference to any real objects that we might be talking about. Any talk that
starts from dichotomies such as the above and derives propositions from there
is probably wrong.
- Re: [Patents] That Article, (continued)
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