Subject: Aharonian's theory of non-copyrightability of software
From: Bruce Perens <>
Date: Tue, 26 Apr 2005 18:03:05 -0700


We've discussed this before. I made it clear that I felt you were
parsing the cited law incorrectly. Larry independently told you the same
thing. At this point, you'd have to back your assertions up with real
cases in order for anyone to take them seriously. Show us a real case
that has gone through appeal in which a judge has found a Java method to
be uncopyrightable due to 17 USC 102b. Nobody's willing to buy
speculation on the future behavior of a judge based upon what seems so
clearly to be a flawed reading of the law. If you can't show us a case,
please assume that there is no hope of winning us over, and bring this
up again when you have better evidence.