Facebook, Oculus, ZeniMax, and Nonliteral Copying of Code

7 02 2017

So what about the ZeniMax v. Facebook case? While you read many reports that make fantastical claims, it is important to remember that software copyright has been accepted and understood by the legal community as well as any law can be. Software copyrights have been formally codified since 1980, though copyrights on written works have been accepted since the founding of our nation. Nonliteral infringement is a long-standing and universally accepted result of copyright law and a legitimate reason for finding software copyright infringement. Was the verdict in this case correct? That is a different question entirely separate from whether software can be copyrighted and whether the legal theories were sound, but without facts to the contrary, it seems perfectly reasonable to assume that the jury made a correct decision.


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