The Accommodation of intellectual property law to the introduction of new technologies; Copyright and new technology; The Impact on the Law of Privacy, Antitrust and Free Speech Page: 42
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a total of sixteen judges, eight in favor of fair use, eight in
favor of infringement.
Yet, little was made of the fact that the authors of the
articles, scholarly publications, almost surely were not
compensated for their efforts. "The articles published in the
journals stem from manuscripts submitted to plaintiff. . . by
physicians or other scientists engaged in medical research." 49
It is, of course, one thing to provide protection for an author,
another to provide extra profit for an entrepreneur. It is not
necessary to take a position to see that the issues involved in
these two different questions are very different.
While the plaintiff in Williams & Wilkins failed to obtain
the compulsory license it was seeking, the issue is by no means
extinct. The point is that issues such as those involved here
should not be decided on the basis of the false notion that
granting the copyright owner relief in these situations will
necessarily benefit the author. The real issue is whether the
copyright law should be used to enhance, rather than protect, the
profit of the copyright owner. Arguably, the task of creating a
profit is one for the market place, not the halls of Congress.
2. The Fiction of Computer Programs as Writings
Since a computer program is essentially nothing more than an
algorithm placed into a machine, distinguishing the idea from the
expression of the idea is the same as saying that 2 x 2 = 4 is
different from II x II = IV. In other words, it is the logic, not
the symbol that is significant, and the distinction of idea and
expression of idea in this context is a distinction without a
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Patterson, L. R. The Accommodation of intellectual property law to the introduction of new technologies; Copyright and new technology; The Impact on the Law of Privacy, Antitrust and Free Speech, report, 1984; (https://digital.library.unt.edu/ark:/67531/metadc97422/m1/42/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.