Derek writes:
QUOTE
However for some mysterious reason the court system seems to favour the million dollar lawyers employed by the corporations. Laws which are sold as protecting writers and artists end up protecting people who are not short of a bob or two.
This is the problem with copyright law. Back in the 1980s I was the victim of a blatant breach of copyright. I had written a program for the BBC microcomputer and subsequently adapted it for the PC. I was approached by an LEA microcomputer centre that wanted a version of the program for the Archimedes – because the LEA had decided to support only Archimedes computers. I contacted the centre to say that I did not have the resources to reversion the program for the Archimedes but I would be prepared to negotiate with anyone who could take on the job, e.g. I would be happy to receive a royalty from sales of an Archimedes version produced by a third party. This appeared to be the end of the story. I heard nothing further from the microcomputer centre.
Some months later, a friend sent me an Archimedes version of my program, complete with a teacher’s handbook and professionally produced packaging. The producer was the LEA microcomputer centre! However, the name of my program had been changed, and the names of the seven different sections within the program had also been renamed – although they appeared in exactly the same order as the original seven sections. One additional section had been added. The handbook consisted of adaptations of the text that I had written for the original handbook. I immediately contacted several different people at the LEA, who closed ranks, defending the actions of the microcomputer centre. They argued, for example, that I could not copyright an idea and that the microcomputer centre had merely adapted an idea that was well established in the language teaching world. I then contacted FAST, who were completely unhelpful. They said they had no resources to check the code of an Archimedes program for breach of copyright and that I would in any case have to employ a lawyer if I wanted to take legal action against the LEA.
A friend who owned a computer business offered to have a close look at the Archimedes version of the program and concluded that I had a watertight case against the LEA. The program was indeed a blatant rip-off – one of my fudges in the original BBC micro code was still there! I then contacted our family lawyer. He pointed out that, even if I had a watertight case, legal action could be expensive and there was always a risk that I would lose the case, faced by the LEA’s legal heavyweights. So I asked him what I could do. His advice was that I should contact other LEAs, government agencies (e.g. BECTA and CILT), professional associations, friends and software houses, informing them about the LEA’s behaviour and asking them to spread the word. I took his advice. Within a matter of months the LEA’s name was mud and they were ostracised from presenting the program at national conferences and workshops. They found it very difficult finding anyone willing to publicise their version of my program.
The rip-off version of my program quickly disappeared into oblivion. The latest upgrade of my own version is still doing very well...