America 1982-Chapter 138 - 46: Pleasant Cooperation_2

"Based on our current understanding, this is the best outcome," Delia nodded and said.

Tommy looked at Delia and asked a question, "I guess when you refer to past cases, you mean the 1981 case where Stern Game Company sued Omnipotent Electronic Games for infringement?"

"Exactly. That case became a precedent in United States courts for determining copyright infringement in computer programs, establishing that the copyright of computer programs includes graphics, sound, and code," Delia confirmed as she flipped through her notebook.

Tommy pursed his lips, "Good, first point, I’m quite certain that OSS has not infringed on either sound or code. There’s only one pending issue: should the computer program’s interface be considered as part of the visual component of an audiovisual work? The 1981 case involved two games that were nearly identical in terms of sound, graphics, and code—it’s normal for that to be judged as infringement. But computer programs are different; they are not like games, which are audiovisual works providing varied visuals. They only have an interface, which isn’t even a visual component. It’s just a layout of menus and commands. This point has not been defined yet. I think if you let your colleagues who are proficient in copyright law and the law of literary works discuss it, they will find it quite amusing. An interface—is it merely a matter of user habit, or is it a patent protected by copyright?"

"Second point, if the answer to the first point is that it’s a matter of user habit, then the next question is, is software reverse engineering illegal? In other words, I developed a software similar to Lotus’s by reverse engineering, but the actual code used to recreate it is completely different. Is this action illegal? The software industry has not clarified this either. As a friendly reminder, reverse engineering in other industries is not illegal, refer to the 1972 yacht wars."

"Third point, the compatibility issue. OSS can open files created by Lotus Corporation’s software, but please note, it’s read-only. My software clearly indicates to customers that WKE files can only be opened in read-only mode. This feature is just a favor to help customers avoid the hassle of running two pieces of software simultaneously. Hence, the compatibility is solely for read-only access to that software. Any modifications to Lotus software files by OSS are actions taken by the customers themselves and are unrelated to our company. We’ve set read-only restrictions; it’s just that the restrictions might be easily circumvented. If the other party insists that this point is an infringement, we could remove this functionality, originally intended to improve customer work efficiency, in the future."

Listening to Tommy express his thoughts, Delia pondered for a dozen seconds before finally shaking her head, "Tommy, you’ve clearly done a lot of research on related cases with Sophia. According to what you said, your code and sound did not plagiarize from Lotus; it’s just an operating interface. You need to get the court to give an answer: whether this point should be considered a convenience for users or a patent protected by copyright in software. This is key, and you want to make it a precedent in the software industry, right?"

Tommy nodded, "Exactly, this point is crucial."

"I’m going to tell you the harsh truth. You’ve sent a letter of defense, which means you have no objections, agreeing to Massachusetts courts to handle the case. The opposing law firm is Hale and Dorr, an established white-shoe firm almost equal to ours in the industry, and most importantly, that firm’s headquarters is in Boston. In such a case, you hope for a court to make a biased decision. The most important issue is persuading the jury. Trust me, those judges, clerks, and jurors, none of them truly understand copyright law. In America, judges don’t need to be proficient in all laws, but you do need to sway them, understand? You hope that a twelve-person Massachusetts jury will support you, needing to secure at least four key jurors who can influence the final vote of the others. I guess Lotus has already secured all of this. Even if you’re reluctant, appealing to the circuit court would end the same way. It’s that brutal. You think you have a chance to stand out, but I’m telling you, money can solve everything. You and Actor will fail and continue to remain obscure," Delia said, taking a sip of the coffee Kane had brought her and continuing:

"Unless you tell me now that you’re well-funded, that you can come up with fifty million or even a hundred million, to deploy all resources for handling everything in Massachusetts, from investigation to jury lobbying, sparing no expense, even going to the extent of somehow moving the court to California. Otherwise, nobody cares whether your interface is a habit or a patent, and do you think those cases became precedents just because they’re worth it? The answer is no. In American commercial law, only when both parties are evenly matched and the camps continue to grow will there be a chance to become a precedent through influence." 𝚏𝕣𝐞𝗲𝐰𝕖𝐛𝐧𝕠𝕧𝚎𝚕.𝐜𝚘𝗺

Seeing that Tommy didn’t speak, Delia shrugged and put down her coffee:

"So, I suggest you talk to me about those public interest activities to gain favor or jury sympathy, ultimately aiming for no damages and only needing to cease the infringing action and turn over the relevant data."

"So, you’re saying we’d collapse completely with just one strike from the other side? Without any power to fight back," Tommy looked down, rubbed his hands together as if talking to himself or asking a question.

"Exactly, that’s why I suggested the idea of gaining points through public interest activities to win sympathy," Delia replied.