Not sure if copyright infringement or not

Started by george_clisu, 06-22-16 at 02:54 PM

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george_clisu

Supposingly I saw a program I like but couldn't afford it or the content its not public(job specific tests-psy applications).I personally undertook that tests and ended up learning the program itself.Without any manual or acces to its source code i ended up partly recreating the program from scratch with huge differences.Now consider this situation:

Program X uses Function X to create case X-n(random case from all possible combinations + graphic content) with Solution b(a designated response for the case generated) ; If answer is "b",award a 1 ,otherwise award 0. This is just a description and not the code i applied

Now My Program(Y) uses My Functions(Y) to recreate same case X-n(graphic is only more primitive) with solution b ;  If answer is "b",award a 1 ,otherwise award 0. This is just a description and not the code i applied.

Now im not sure if this is totally legal.Kinda sure distribution of it isn't.The program I made (Y) partly mimics the original program (X).Consider the case of an ordinary calculator:

if you run windows calculator you can do mathematical operations like 5+2.so far so good
BUT
if you run cmd and use commande set /a 5+2 you get the same result yet thorugh different means
AND
as far as I know they dont infringe copyright whatsoever

End Questions:
Copyright protects the main program only?
Copyright protects functions within program?
Copyright protects functions regardless of the programming language used to create it?(mine is *.bat,other one i think is C++)
Copyright protects API(Aplication Programming Interface)?(Not the case cuz mine is more primitive)

Kinda Mixed Up Copyright Problem.


Robert T Nicholson

Your post is confusing, but if I understand it, you are creating a program that duplicates the functionality of another program.  In general, that's no problem.  For example, there are several programs that duplicate the functions of Microsoft Office.

Copyright does not protect ideas or algorithms. It protects expressions of ideas.

Source code is protected.  But you are not copying that.

The user interface is protected.  But you are not copying that.

The API (specific format of function calls, parameters, etc) may be protected.   That's an open issue still being resolved by the courts.

So yes, you can write (and even sell) a new program that does the same thing as an existing program.  And you can even use the same algorithms. 





This post is provided for information purposes only, and does not constitute legal advice.

Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center

george_clisu

#2
the problem is my program and all its function reproduce a psycological test I undertook (failed it for "unkown" reason(although I learned the program by heart and replicated it),and still failed to pass it(they change the program but even that fuctions were inherited by my new program)).I don't believe this is legal cuz this will enforce a reform of that program at that institute to change it and thats costly and all of that cuz I have good memory.This usually ends in court for me with both the institute representatives who paid for licencing that software and also with the original software creator against me.

Theortically,I paid to undertake that exam and they allowed me to try (although in a question adressed like this "Are you initiated in computer-based languages?" - I replied Yes) they allowed me to take it till the end.The softwares used at the 2 exam sessions were different so , by binding functions from 2 different softwares into 1 will result in a different software.But even so , I'm still afraid this is copyright infringement.And I believe I can't sell the software under no circumstances(this is about safety).

pay attention to this very aspect before replying !!! PSYCHOLOGICAL TEST !!! (if you are mentally able to do specific tasks that imply responsable actions).

george_clisu

Quote from: artchain on 06-22-16 at 05:43 PM
Your post is confusing, but if I understand it, you are creating a program that duplicates the functionality of another program.  In general, that's no problem.  For example, there are several programs that duplicate the functions of Microsoft Office.

Copyright does not protect ideas or algorithms. It protects expressions of ideas.

Source code is protected.  But you are not copying that.

The user interface is protected.  But you are not copying that.

The API (specific format of function calls, parameters, etc) may be protected.   That's an open issue still being resolved by the courts.

So yes, you can write (and even sell) a new program that does the same thing as an existing program.  And you can even use the same algorithms.

I believe its called "Reverse Engineering"

Robert T Nicholson

Quote from: george_clisu on 06-22-16 at 07:36 PM
But even so , I'm still afraid this is copyright infringement.And I believe I can't sell the software under no circumstances(this is about safety).

What you believe or don't believe is irrelevant.  You would not be violating copyright, and yes, on that basis you could sell the program you develop. 

Could you be sued?  Of course.  People file unjustified lawsuits all the time.  But the law would be on your side.

This post is provided for information purposes only, and does not constitute legal advice.

Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center

george_clisu

Ok,so the law is on my side with the program.Ok I understand.But is it ok to release sensible content like this on sale for people to acces?As I said , the original program was intended to see whether a person is actually fit for that job in which he is responsabile for other people safety.Transport for instance.Imagine somenone that is phiscally unable to react in time to prevent an accident , a person that passed that specific test just becuz he had acces to this little program I made.This wasn't the initial purpose of the program.Believe me first time I took the test I was very slow in reactions but training with my program made me get 90% of accuracy at all tests and this kinda scares me.Now especially that im aware of both tests and already implied them into my program ,theoretically the only way to fail that psych is at the questions about "lifestyle" , which is a grim proepect for me

I rather think of the consequences of my actions before making a very huge mistake

Robert T Nicholson

That question is not related to copyright or Intellectual Property, but here are a few general comments:


  • Companies sell software for psychological or performance testing.  There is no law against this.

  • If you make claims regarding the performance of your software, and someone relies on those claims to their detriment, you could be held liable.

  • You can mitigate your risk through disclaimers, and by securing appropriate insurance.


You should really consult an attorney specializing in product liability.




This post is provided for information purposes only, and does not constitute legal advice.

Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center

george_clisu




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