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Subject: Re: What constitutes a clone?

Author: William H Rogers

Date: 16:15:57 02/15/05

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John
For the last 15 years I worked for a software company. The laws protecting
software, at least as they were written a decade ago basically stated that there
must be at least a 10% change in the total coding of a program before it can be
call 'new'.
I knew of one man who thought that he had found away around this by making some
changes to a program and then selling it as his own. This was before he bought a
compiler and then only sold the compiled version. To give you an idea as to what
he thought was O.K. I will give you a brief example of what he did.

On the left side below is the original code and on the right his new changes:

Original                         Moved                       Renamed

Subroutine A                  Subroutine B                 Subroutine X
Subroutine B                  Subroutine C                 Subroutine Y
Subroutine C                  Subroutine A                 Subroutine Z

He did ad a new routine to the program but counld not get it to work correctly
so he asked me if I could fix it. I deleted 40 lines of code and replaced them
with 6 lines that did the same thing, but in doing so I recogined the program as
belonging to someone else and told him so. He kept trying to deny it but at that
time he was only using to software for himself so I just let it drop. It was
only a year or two later that I found out that he was selling it as original and
by that time I did not know where he lived anymore so I just dropped it out of
mind.
His thinking that as long as he moved the locations of the suibroutines and
renamed them that his program was now his which we know is not so.
Years later now, I am not sure if the same laws still apply to software anymore
and have heard that some judges are even considering doing away with software
patents completely. I don't think that they will ever succeed but it is out
there in any case.
Bill



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