diehardbiker65 said:
That is mistake, no what happen in EU is called anti-trust law. It have nothing to do with copyrights or patents. It is how the business practice had gone with Micro$oft. If you do more research on these legal stuff, you will understand better. You see, Micro$oft have successfully destroyed Netscape, and that is illegal! How to prove in the United States? M$ can afford decent attorney to mess up the judge's mind. But with Europe, they got time limits and that is where M$ stumpled and couldn't build case that is too big to confuse the judge, smart of EU court!
We're talking about different problems for Microsoft in Europe. To imply I'm misinformed when this is the field I work in is just very silly (and incorrect). Open source is growing faster in Europe than it is in the US because Microsoft can't litigate against developers because there are no software patents. In the US, it at least would have legal basis to sue Samba over Active Directory support if they wanted to. In Europe, they don't, because Samba is 100% non-Windows code.
diehardbiker65 said:
Copyright, that is if you can PROVE the date of its orignal creatation. That is why it is weakest protection you can get. If you pay attention to Blackberry case vs with NTP, Inc... right now NTP might have won... eventually RIM may win back. My point is if you don't reveal anything and lock it up, nobody would be able to steal your source code. But if you open it up for somebody to see, and then somebody CAN claim that I got it before you and see you in the court. Can it happen? OFC!
You have a very weak understanding of copyright law and patent law, then. RIM hasn't used any of NTP's source code. Stealing source code is ILLEGAL, and copyright law is enforceable. If you steal source code, you will probably be sued by the copyright holder. This is what's going on with the SCO lawsuits against IBM and Novell. SCO claims IBM and Novell leaked SCO's UNIX System V source code to the Linux kernel to be released under a license (the GPL) incompatible with the System V license. Whether or not this is actually true or not remains to be seen (SCO hasn't presented any evidence even though the case has been going on for a while). Comparatively, whenever a company attempts to steal the source code of a program released under the GPL for their own proprietary product, the Free Software Foundation threatens to sue them because it's illegal. DivX did it, and since then DivX has been in decline in favor of XviD, the open source codec on which DivX is based.
The RIM/NTP dispute is that NTP holds a *patent*, not a copyright, to what RIM's software does. The patent protects the idea, what the code is supposed to do, rather than a particular implementation of the idea. NTP coincidentally has never implemented its own idea in software, so it doesn't own any copyrights for implementations of its patents.
If you're a programmer, then you understand that there's often a lot of different ways to do the same thing in programming... You can use different languages, different procedures, different kinds of loops, make different function calls (puts versus printf?), all sorts of different things. Patents for software don't cover the logic of how a program is written or how the idea is implemented, they only cover the end result of what the program does.