Re: Software application copyright opinion

Lee Hollaar wrote:
> In article <[EMAIL PROTECTED]> "GaryG" <[EMAIL PROTECTED]> writes:
>
> > "R. Kaushik" <[EMAIL PROTECTED]> wrote in message
> > news:[EMAIL PROTECTED]
> >
> > > 1. Can my previous employer claim it as copyright infringement?
> >
> > Since the new app is a re-write, I don't think you'll have any copyright
> > issues.  You might at some point be required to prove this, but it sounds
> > like you're OK there.

I agree with Lee.

> Really bad advice.  Just because your version is a rewrite doesn't mean
> that it won't infringe the copyright in the original program that you
> wrote.

> Second, because you have had access to the original program, a program
> that you write that is substantially similar could be an infringement
> of the copyright of the original program, even if you no longer have
> access to the original program and are not even thinking about it
> when you write the new program.

In addition to literal copying, there is something called non-literal
copying, which is when you copy some higher level of abstraction.
In the case of software that you wrote for someone else earlier,
it may be hard to eliminate all such, since to some extent this
includes how you address and envision the problem.
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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 2003 Bruce E. Hayden,all rights reserved
My work may be copied in whole or part, with proper attribution,
as long as the copying is not for commercial gain.
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Bruce E. Hayden                      [EMAIL PROTECTED]
Dillon, Colorado                     [EMAIL PROTECTED]
Phoenix, Arizona                     [EMAIL PROTECTED]