sempervirent wrote:That's my current understanding at least, I'd welcome contrary evidence (i.e. direct links to case law).
Ok, this is my last post on this topic. I’m sure the mods are getting sick of this debate.
Your post communicates a fundamental misunderstanding about what U.S. Copyright is, what U.S. Copyright protects, and how U.S. Copyright works in practice (there is also a fundamental misunderstanding of Patent law, but I don’t have enough time to go into it here).
U.S. Copyright protects “original works of authorship fixed in a tangible medium.” These two requirements are the criteria for copyright. There seems to be some disagreement here on Muff’s on whether or not schematics meet the criteria for copyrightability. Schematics do meet this criteria and are routinely granted copyright registrations. This is a fact. The fact that there are thousands and thousands of U.S. Copyright registrations for schematics is all the proof anyone needs to know if the U.S. Copyright law considers schematics “an original work of authorship fixed in a tangible medium” to which they grant the authors copyright. The U.S. Copyright office would not grant registrations to schematics if they were not considered the proper subject matter of copyright. If you disagree with this, I can’t do anything more for you because you are ignoring reality.
So what is a copyright?
Copyright is 5 exclusive rights. A copyright author is granted these 5 exclusive rights. These 5 exclusive rights last for the life of the author plus 70 years after they die. The 5 exclusive rights are:
1. Right to duplicate the work
2. Right to distribute the work
3. Right to prepare derivative works from the original work
4. Right to perform the work
5. Right to display the work
How does this apply to schematics?
Example 1: Engineer A (we’ll call him Don B) dreams up a new module, designs the circuit, and authors a schematic in his schematic capture program (or by hand on paper, it doesn’t matter).
1. The schematic is an “original work of authorship fixed in a tangible medium” so Engineer A now has a copyright covering the schematic. Engineer A is granted the 5 exclusive rights listed above.
2. Engineer A then loads or copies his schematic in to his PCB layout program. He has just DUPLICATED his schematic, DUPLICATION being one of his exclusive rights.
3. Engineer A then produces a PCB. The PCB is a DERIVATIVE work of the original schematic. Producing DERIVATIVE works is also one of his exclusive rights.
4. Engineer A now also has a copyright over the PCB which he produced, and this also comes with the 5 exclusive rights.
5. Engineer A builds and sells modules based on his PCB exercising his exclusive right to DISTRIBUTE the derivative work of his original schematic.
6. Everything is kosher.
Example 2: Engineer B (we’ll call him the bad guy) really likes Engineer A’s modules and decides he wants to make and sell clones of Engineer A’s modules.
1. Engineer B gets a copy of Engineer A’s schematic.
2. Engineer B loads or copies Engineer A’s schematic into his PCB layout program. Engineer B has just infringed Engineer A’s exclusive right to DUPLICATE his original schematic.
3. Engineer B produces a PCB from Engineer A’s schematic. Engineer B has just infringed Engineer A’s exclusive right to prepare DERIVATIVE works from his original schematic.
4. Engineer B builds and sells modules based on the PCB he created from Engineer A’s schematic. Engineer B has now infringed Engineer A’s exclusive right to DISTRIBUTE his derivative work.
5. Engineer B is fucked. Engineer A can sue him for infringement and take his earnings from sales of the infringing module as damages.
Example 3: Engineers C and D (we’ll call them the smart guys) also really like Engineer A’s modules and want to make and sell modules with similar functionality. Engineers C and D consult a good intellectual property attorney and learn that U.S. Copyright does not protect the FUNCTIONALITY of a circuit. Engineers C and D figure out a way around Engineer A’s copyright.
1. Engineer C studies Engineer A’s modules to learn all of its FUNCTIONALITY.
2. Engineer C reverse engineers the module, studies the components, measures voltages through the circuit, and looks at the output on a scope. No infringement here.
3. Engineer C writes a full FUNCTIONAL specification for the module describing all the desired functionality in detail. Having never seen Engineer A’s schematic there is no infringement here.
4. Engineer D takes Engineer C’s functional specification and designs a circuit and authors an original schematic. Having never seen Engineer A’s schematic or PCB, there is no infringement here. Engineer D now has a copyright in the schematic.
5. This is called a “clean room” implementation and is fully acceptable under U.S. Copyright law.
6. Engineers C and D produce PCB’s from their own schematic. The PCB is a DERIVATIVE work of their own original schematic. No infringement here.
7. Engineers C and D produce and sell modules based on their own PCB exercising their right to DISTRIBUTE their work. No Infringement here.
And that's all I have.
The morals of the story:
Don't copy schematics to build clone modules without permission from the copyright holder