America 1982-Chapter 115 - 30: Definition of Protected or Not Protected
"How’s it going with having your team copy those features, Jonathan?" Jim tapped on the glass door of Chief Technology Officer Jonathan’s office and asked, holding a cup of coffee.
Jonathan sighed, took his hands off the keyboard, and reclined back, resting them behind his head, speaking with a tone of helplessness, "Jim, I think we shouldn’t be doing this. We should be creating, not copying. What you’re constantly urging us to do now is the very thing you used to loathe. Remember? You despised those studios that plagiarized our work, shutting them down one by one. But now, why do you want us to do the same thing?"
"Of course, it’s different. Those small companies copied us, and legally speaking, we are protected by computer copyright laws, so of course, we had to deal with them." Jim walked into Jonathan’s office as if on cue, sat opposite him, and continued while drinking his coffee:
"But in this case, legally speaking, the other party’s menu, commands, hierarchy are not protected by computer copyright laws, so we can simply take them and use them in our software."
"So, may I ask, Jim, how are ’protected’ and ’unprotected’ legally defined?" Jonathan looked at the Vice President in charge of business dealings and asked.
Jim shrugged: "We have more money, and they are paupers. Whether it’s computer copyright law, the United States Constitution or any other American law, they all protect the wealthier side. That’s the definition."
"Thank you for telling me so bluntly, a completely new definition of legal protection." Jonathan said with a wry smile, at a loss for words.
Jim spoke earnestly, "Don’t mention it. The world is just like this, survival of the fittest, and the business world is no different. It’s this evolutionary process that makes the strong stronger. So, we take their ideas as a matter of course, and if they dare to complain, we can, like an elephant, simply lift our foot and crush that damned ant to death."
"Not a single engineer with a dream wants to directly steal someone else’s ideas, Jim. We will find other ways to achieve the same functions, it just might take a little...." Jonathan took a deep breath, then proceeded to refuse Jim’s proposal.
Even though Jim had joined the company five months ago, he was still not used to dealing with people like Jim: the kind who joined those social fraternities in college spending all day chasing girls, and liked to bully nerds like him in high school. He and Jim were not the same kind of people. Every time he and Mitch talked to him about the company’s development and dreams, the guy always seemed ready to burst out laughing at any moment.
Jonathan didn’t understand what was so funny. What right did someone who didn’t understand computer technology have to mock software engineers who dreamed of changing the world with their software?
Moreover, Jim didn’t seem to know whether it was his previous visit to the Soviet Union or the influence of the Soviets, but he spoke crudely, constantly using foul language, and many employees had been verbally humiliated by him.
"Time, it’s all about time, Jonathan. I’ve discerned that the software doesn’t plan to go to market anytime soon, at least not through normal channels. So let’s take advantage of this and quickly release an update, install all the convenient features you think are necessary, monopolize more of the market, build a higher sales figures, achieve a higher valuation, and earn more money, ensuring that when that software eventually releases, it won’t have any impact. That’s the problem you should be considering as Chief Technology Officer." Jim put down his coffee cup, his gaze intense as he looked at Jonathan and interrupted him:
"If it just embarrasses you that Lotus Corporation is doing this, just copy that software for me, and I’ll send it to Micro-Innovation Company. That way, we copy the spreadsheet features, and they’ll copy the document features, doesn’t that sound like it would halve the guilt you feel in your heart?"
Jonathan lowered his head and was silent for over ten seconds before speaking: "Actually, I still can’t believe that I am already worth ten million. All this feels so unreal, as if it were just a dream. Maybe one day I’ll wake up and find myself back in the garage two years ago, with just Mitch and me, typing out codes during that summer with both joy and pain."
"I’ll take care of that garage issue for you. I’ll buy it for you and Mitch as a Christmas gift, so you can occasionally go back and reminisce. But you will also have to comply with me on the functionality issue, achieve those more efficient features, dominate the market." Jim looked at Jonathan, "That’s that, tell me can you resolve this issue quickly?"
Jonathan nodded mutely, "I’ll do my best."
"Not your best, this is something you have to do," Jim said, picking up his coffee and getting up, walking towards the door: "Don’t let me come and chase you again, Jonathan."
Jim walked down the hallway, shaking his head. Dealing with technological company founders was truly a painful affair for him.
In America, being a billionaire and having a moral baseline was a dangerous thing. It meant that other wealthy individuals without principles could eventually find an opportunity to swallow you whole.
Now in Lotus Corporation, there were two such peculiar individuals, the founding gentlemen. And it was up to him to somehow ensure their safety, to prevent the businessmen from finding an opportunity to devour them, liquidate their wealth, and then drag the two of them out as penniless men.
"When I just joined Lotus, I was full of regret for bullying those nerds in high school, but now..." Jim swayed to his office, holding his coffee cup and murmuring to himself:
"God is fair. I tormented the nerds, so now I’m destined to protect them. This has got to be the most painful and despairing punishment for a bully like me. I wonder if my plane ticket is booked yet; I need to frolic with some California girls to vent some stress."
...
Stanford University Law School Legal Aid Center.
Stanford Law School is a graduate school, and it is rare for undergraduates to frequent the premises.
However, the legal aid center here provides services to all students of Stanford University. Here you can understand the legal issues you want to clarify, offering quick and convenient legal consultation services, and it’s free of charge.
Sophia O’Connor was a high-achieving student at Stanford Law School who spent her spare time offering legal advice to Stanford alumni. But her intuition told her that the blond young man named Tommy Hawk in front of her today might mean trouble.
"Miss O’Connor, I’d like to consult on copyright law issues as stipulated in Title 17 of the United States Code. I asked the legal adviser at my fraternity, but he couldn’t answer my question, so I came here," Tommy said straightforwardly to the woman in front of him with black-framed glasses.
Sophia nodded, "Certainly, no problem. However, I’m curious if you’ve already consulted a lawyer, then either that lawyer isn’t skilled in copyright law, or your issue is too time-consuming to elaborate on. I hope it’s not the latter case."
"Don’t worry, it’s a very simple question," Tommy said with certainty, "Is computer software protected by copyright?"
Without a second thought, Sophia replied, "Of course, of course it’s protected."
"So, if I plagiarize a piece of software, make it exactly like the software I plagiarized, the other party will sue me, right?" Tommy continued.
Sophia slightly furrowed her brow, "Yes, that’s how you stumped the lawyer? I suspect he just didn’t want to deal with you. Remember when I reminded you to keep your explanation brief?"
"Okay, let’s increase the difficulty. I change the appearance of the software, say the one I plagiarized is wearing a red shirt, and my software is wearing a blue shirt. Is it still protected?" Tommy nodded, asking with a smile.
Sophia still gave a definite answer, "Of course. The fact you changed the color doesn’t alter the fact that your software is plagiarizing."
"Let’s increase the difficulty again. Both our software are written in the same C language, but the operation, menu, structure, hierarchy, etc., all look different. Does it still count as plagiarism?" Tommy asked Sophia.
"Although copyright law doesn’t have specific statutes related to computer software yet, judging by past cases, yes," Sophia paused for a few seconds before giving her answer.
Tommy became interested, "Referencing past cases, there are no mature computer software copyright statutes, only references to past cases? Let me ask another question. Two cars, one American and one Japanese, are developed, both as family sedans. Everything else is already different. Are you sure the court would rule that the Japanese car copied the American one?"
"... This question is actually a bit complicated," Sophia pursed her lips. She needed to come up with clearer language to address the issue, but it clearly was not possible in just a few words.
Continuing, Tommy said, "So, you mean if the American car developed the function to move forward first, a Japanese car shouldn’t similarly have the ability to move forward? If that were the case, American car manufacturers would have sued Japanese manufacturers long ago. So think carefully, Miss O’Connor. What’s the difference between those two cars and two pieces of software up to now? Why would it still be considered plagiarism?"
"... Alright, that’s indeed a difficult question. I’d need to cross-reference many related legal statutes before I can answer you. If you’re not in a hurry, maybe come back next week, and I could give you some tangible advice by then?" Sophia exhaled softly, giving her answer. 𝒇𝙧𝙚𝓮𝔀𝓮𝒃𝙣𝓸𝒗𝒆𝒍.𝙘𝒐𝒎
"No, just one last question, and I hope you can give me some thoughts on it next week. That is, whether the function menu hierarchy of software should be considered a patent protected by law, or an unprotected method of serving users." After stating this, Tommy stood up, thanked Sophia, and prepared to leave.
Seeing him about to leave in a hurry after laying out his question, Sophia subconsciously asked, "So, do you hope it is protected, or not?"
"Well, ma’am, whether it’s protected or not doesn’t matter to me. I just want to know, because I need to ensure that whichever side I stand on, I stand to gain," Tommy turned to look at her, smiled, and walked out of the legal aid center.
