Re: "Commodore" brand

From: smf <smf_at_null.net>
Date: Mon, 2 Mar 2020 13:51:48 +0000
Message-ID: <40015df3-0eb8-47b2-5f4e-c4a1d9104231_at_null.net>
On 01/03/2020 23:00, William Levak wrote:

>
> To clarify what I said:  The ARTWORK that produced IC masks is
> copyrightable, the same as any other artwork.
>
That is not my understanding of the legal situation prior to 1984 and
subsequently.

https://en.wikipedia.org/wiki/Integrated_circuit_layout_design_protection
<https://en.wikipedia.org/wiki/Integrated_circuit_layout_design_protection>

Because of the functional nature of the mask geometry, the designs
cannot be effectively protected undercopyright
<https://en.wikipedia.org/wiki/Copyright>law (except perhaps as
decorative art). Similarly, because individual lithographic mask works
are not clearly protectable subject matter; they also cannot be
effectively protected underpatent
<https://en.wikipedia.org/wiki/Patent>law, although any processes
implemented in the work may be patentable.


The United States Code (USC) defines a mask work as "a series of related
images, however fixed or encoded, having or representing the
predetermined, three-dimensional pattern of metallic, insulating, or
semiconductor material present or removed from the layers of a
semiconductor chip product, and in which the relation of the images to
one another is such that each image has the pattern of the surface of
one form of the semiconductor chip product" [(17 U.S.C. § 901(a)(2))].
Mask work exclusive rights were first granted in the US by
theSemiconductor Chip Protection Act of 1984
<https://en.wikipedia.org/wiki/Semiconductor_Chip_Protection_Act_of_1984>.


According to17 U.S.C.
<https://en.wikipedia.org/wiki/Title_17_of_the_United_States_Code>§ 904
<https://www.law.cornell.edu/uscode/text/17/904>, rights in
semiconductor mask works last 10 years. This contrasts with aterm of 95
years
<https://en.wikipedia.org/wiki/Sonny_Bono_Copyright_Term_Extension_Act>for
modern copyrighted works with a corporate authorship; alleged
infringement of mask work rights are also not protected by a
statutoryfair use <https://en.wikipedia.org/wiki/Fair_use>defense, nor
by the typicalbackup <https://en.wikipedia.org/wiki/Backup>copy
exemptions that17 U.S.C.
<https://en.wikipedia.org/wiki/Title_17_of_the_United_States_Code>§ 117
<https://www.law.cornell.edu/uscode/text/17/117>provides forcomputer
software <https://en.wikipedia.org/wiki/Computer_software>.
Received on 2020-05-30 01:10:59

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