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Bonito Boats centers on a Florida statute prohibiting copying of unpatented boat hulls via direct molding. And the Supreme Court affirmed — holding that the “carefully crafted bargain” embodied by the US patent system occupies the entire space and thus preempts any further state action offering patent-like rights.
A person authorises the use of the space for the transmission, sale, distribution, or display of an unauthorised work unless they know or have good reason to suspect that doing so will result in a copyright violation. With today’s technology, it is very simple to copy and share the original works of other people.
Problems: JELLY ROLL is registered for fabric, but the publicuses it generically to describe strips from a fabric line rolled into a roll. TM bullying w/ a publicdomain quilt, claiming rights over “Dear Jane” as quilt/software. Next thing that happened: Omaha Quilt Guild copied Just Wanna Quilt’s logo for its show.
A key feature of the SAS product is that folks can write programs using SAS syntax in order to get certain results. WPL is a UK based software company who obtained several copies of SAS statistical software and made their own clone version by rewriting the code and by relying upon an early version of SAS that is not protected by copyright.
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