Re: [OT] Right to use vs. sue (was: No call for Ada...)

[Dmitry A. Kazakov <mailbox@dmitry-kazakov.de>]

On Fri, 30 Apr 2004 16:21:12 +0100, Marius Amado Alves
<maa@liacc.up.pt> wrote:

>On Friday 30 April 2004 15:40, Preben Randhol wrote:
>> On 2004-04-30, Marius Amado Alves <maa@liacc.up.pt> wrote:
>> > I don't think patents was the point. I know patenting ideas is
>> > problematic. The issue is copyrighting source-code. I still fail to see
>> > why *that* is more problematic than copyrighting, say, books.
>>
>> Hmm I seem to have gotten the wrong end of the stick here. Everything
>> you do has your copyright so your source code is your copyright unles
>> you have sign an agreement giving it to your employer or another party.
>
>I should have been more specific in my recapitulation. The issue was the 
>copyright system as a (monetary) reward mechanism for authors. Kasakov's sees 
>to hold an extreme position on this. Basically he says it doesn't work. I'm 
>trying to understand this, because seemingly there is ample evidence to the 
>contrary in the case of books at least. Consistent with his premise, Kasakov 
>suggests software authors do not sell their work, but instead insurance. And 
>that this model be enforced by law.

Actually, my position is not so strong. I believe that "no warranty"
licenses has to be void in all cases where software differs from a
book. I.e. when software is bought not to entertain (cannot be
warranted), but to accomplish some work (can and should).

>I agree selling insurance is a good 
>model, but I think enforcing it would make more harn than good. Another 
>strong point in Kasakov's view is that software is now engineering, not art. 
>I agree. But I still think you can copyright works of engineering. Insured or 
>not.

No, talking in programming language terms you can copyright a type but
not its instance. So one can copyright an engineering decision, not an
example of its use. It would be a nonsense to copyright a car, but it
is what actually happens with software.

--
Regards,
Dmitry Kazakov
www.dmitry-kazakov.de