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问一个版权的问题 (转载)

问一个版权的问题 (转载)# Java - 爪哇娇娃

F*n2005-10-14 07:10

1 楼

【以下文字转载自 Software 讨论区】
发信人: Foxman (今狐冲), 信区: Software
标题: 问一个版权的问题
发信站: BBS 未名空间站 (Fri Oct 14 22:49:24 2005)
假如有一个软件A在界面和功能上全面模仿软件B, 是否存在法律问题?

m*t2005-10-14 07:10

2 楼

As in "Windows imitates Macintosh?" MS won in that case, IIRC.
IANAL, but I guess it really depends on if B holds any patent.

【在 F****n 的大作中提到】

: 【以下文字转载自 Software 讨论区】
: 发信人: Foxman (今狐冲), 信区: Software
: 标题: 问一个版权的问题
: 发信站: BBS 未名空间站 (Fri Oct 14 22:49:24 2005)
: 假如有一个软件A在界面和功能上全面模仿软件B, 是否存在法律问题?

R*r2005-10-14 07:10

3 楼

It really depends, for example, if you have a online poker game,
can I make the same functinality with different skin?
You can't sue me, can you?

【在 m******t 的大作中提到】

:
: As in "Windows imitates Macintosh?" MS won in that case, IIRC.
: IANAL, but I guess it really depends on if B holds any patent.

F*n2005-10-14 07:10

4 楼

举个例子吧, 比如WPS可以选择MS WORD风格,
然后界面几乎一样, 方面用户.
这样的东西在美国合法吗?
另外GUI也可以有专利?

How about (mostly) same functionality same skin but different implementation?

【在 R*******r 的大作中提到】

: It really depends, for example, if you have a online poker game,
: can I make the same functinality with different skin?
: You can't sue me, can you?

R*r2005-10-14 07:10

5 楼

If you are based on standard GUI components, it's hard to sue
since you can't say my menu is the same as yours so I violate
your patent. As anybody will have the same look of menu.
On the other hand, if you use some professional graphics as skin,
you certainly cannot just copy that.

?

【在 F****n 的大作中提到】

: 举个例子吧, 比如WPS可以选择MS WORD风格,
: 然后界面几乎一样, 方面用户.
: 这样的东西在美国合法吗?
: 另外GUI也可以有专利?
:
: How about (mostly) same functionality same skin but different implementation?

m*t2005-10-14 07:10

6 楼

?
I think it's too vague to have a yes or no for answer.
Take the poker game example, it wouldn't be a problem in that case
because nobody owns patent on poker rules, or the look and feel
of cards. So it's fairly safe to implement your own poker game
that looks similar to others.
On the other hand, e.g., Civilization the game, a certain company
(Take Two at this point I believe) owns the franchise, so you can't
write another civilization game with similar interface and gameplay.
In fact, I thin

【在 F****n 的大作中提到】

F*n2005-10-14 07:10

7 楼

Let's say:
1. We have better implementations (algorithms and other computing techqniues).
2. For some reason we want to replicate your interfaces (because users may
have been used to your interfaces).
Are you able to sue me?

【在 m******t 的大作中提到】

:
: ?
: I think it's too vague to have a yes or no for answer.
: Take the poker game example, it wouldn't be a problem in that case
: because nobody owns patent on poker rules, or the look and feel
: of cards. So it's fairly safe to implement your own poker game
: that looks similar to others.
: On the other hand, e.g., Civilization the game, a certain company
: (Take Two at this point I believe) owns the franchise, so you can't
: write another civilization game with similar interface and gameplay.

m*t2005-10-14 07:10

8 楼

).
As I said there isn't a straight answer in general. It varies case
by case - and court by court.
Why don't you consult a lawyer if you are seriously worried?

【在 F****n 的大作中提到】

: Let's say:
: 1. We have better implementations (algorithms and other computing techqniues).
: 2. For some reason we want to replicate your interfaces (because users may
: have been used to your interfaces).
: Are you able to sue me?