[thelist] plagiarism and content

Chris at globet.com Chris at globet.com
Fri Jun 23 09:46:12 CDT 2006

Dan et al

> That example of "You are NOT required to get more than one estimate"
> would not be considered plagerism, I think that you might 
> have a problem with "Using our 16 and a half point precision 
> inspection" and then proceed to list the 16 and a half 
> points, that might be a grey area.  Where others might have 
> 17 or 18 or 124.  Once you get in something that isnt 
> industry standard, but is marketing lingo or a marketing idea 
> that is specific to one outfit you could be getting into trouble.

"A copyright covers the expression of an idea, not the idea itself [..].
For example, if a book is written describing a new way to organize books
in a library, a copyright does not prohibit a reader from freely using
and describing that concept to others; [..].

"In some cases, ideas may be capable of intelligible expression in only
one or a limited number of ways. Therefore even the expression in these
circumstances is not covered. In the United States this is known as the
merger doctrine, because the expression is considered to be inextricably
merged with the idea. Merger is often pleaded as an affirmative defense
to charges of infringement. That doctrine is not necessarily accepted in
other jurisdictions."


I would interpret this to mean that unless one had patented the 16.5
point precision inspection, there would be no legal basis for preventing
another person or organisation from using it. If each point were
sufficiently succint, then there would also be no legal basis for
preventing another person or organisation from describing it in a
similar manner.

Of course, Wikipedia is not the definitive resource for the
international legal community, but the explanation provided certainly
makes logical sense.

Chris Marsh
Software Developer
t: +44 20 8246 4804 x828
f: +44 20 8246 4808
e: chris at globet.com
w: http://www.globet.com/

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