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CONLANG  June 2012, Week 1

CONLANG June 2012, Week 1

Subject:

Re: EU court rules languages not copyrightable

From:

drdileo <[log in to unmask]>

Reply-To:

Constructed Languages List <[log in to unmask]>

Date:

Fri, 1 Jun 2012 14:18:42 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (49 lines)

Any lawsuit about DiLingo must be adjudicated in DiLingo. Can't wait!  FYI. 

Sent from my iPhone so response limited. 

On Jun 1, 2012, at 11:17 AM, Sai <[log in to unmask]> wrote:

> … well, programming languages at least:
> 
> http://news.cnet.com/8301-1001_3-57426822-92/programming-languages-do-not-enjoy-copyright-protection-eu-court-says/
> http://curia.europa.eu/juris/document/document.jsf?text=&docid=122362&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=160675
> 
> I do think it's applicable to our craft as well, though — nearer at
> least than anything else I've seen before, since programming languages
> are likewise creative works in themselves. This falls pretty well in
> line with what I've said before: a language can't be subject of
> copyright because it is not an expression, but rather a technique for
> expression.
> 
> Note though that copyright ≠ patent; copyright covers fixed creative
> expressions, whereas patents cover techniques. A sufficiently
> innovative language could in theory be patentable, and indeed some
> have been (though their patents are of rather questionable value). See
> e.g.:
> <http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220080221868%22.PGNR.&OS=DN/20080221868&RS=DN/20080221868>
> <http://appft.uspto.gov/netacgi/nph-Parser?d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220070206771%22.PGNR.&OS=DN/20070206771&RS=DN/20070206771>
> 
> … but I don't think that any artlang could likely be either
> copyrighted or patented, unless of course the conlanger has developed
> some fundamental technique previously unknown to the community. ;-)
> 
> A conlang (like Dothraki, Klingon, or Na'vi) could be subject to trade
> dress perhaps, in the same line of argument as supposedly e.g.
> prohibits fanfic, but I'm rather doubtful even of that, for the same
> reasons as are usual for defending fanfic. So long as someone isn't
> pretending to be HBO/CBS/Paramount/Fox and isn't confusing anyone, I
> don't think trademark/trade dress protection reasonably applies.
> 
> Of course while the language itself might not be protectable, any
> particular description of it (eg a grammar document) clearly is
> subject to copyright, as is any work written in a language, same as if
> it were of or in a natlang.
> 
> Anywho, something y'all might find interesting, since it's relatively
> rare that an IP case touches on language proper, let alone as
> explicitly as this one does about languages that are, like ours,
> intentionally and expertly made.
> 
> - Sai

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