Comments on: Keep your drafts. Keep all your drafts (another ‘copyright in house plans’ case) http://www.lawfont.com/2008/06/27/keep-your-drafts-keep-all-your-drafts-another-copyright-in-house-plans-case/ an analysis of law, technology, economics, and policy Wed, 24 Feb 2010 22:51:01 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: Old Friend http://www.lawfont.com/2008/06/27/keep-your-drafts-keep-all-your-drafts-another-copyright-in-house-plans-case/comment-page-1/#comment-55832 Old Friend Sun, 14 Sep 2008 04:16:32 +0000 http://www.lawfont.com/2008/06/27/keep-your-drafts-keep-all-your-drafts-another-copyright-in-house-plans-case/#comment-55832 Isn't the key point of both Barrett decisions the fact that the witnesses in both cases were found to have concocted a story? Don't punish the winner of the cases with your analysis - ask yourself why did the respondents in both cases lie? Once you get to the bottom of that, then the decisions are easier to understand. No-one is saying that you cannot have a covered alfresco, what is said is that these 2 manifestations have been improperly conceived based on Barrett's original work. Original creation of covered alfrescos will not be prohibited as a result of these decisions. The difference in the Inform case may well be that the respondent didn't need to lie to explain how it created its work. It had a comprehensive explanation, unlike Metricon and Carlisle. I note that Metricon in the High Court quoted this website in support of its application. Didn't help them! Isn’t the key point of both Barrett decisions the fact that the witnesses in both cases were found to have concocted a story? Don’t punish the winner of the cases with your analysis – ask yourself why did the respondents in both cases lie? Once you get to the bottom of that, then the decisions are easier to understand. No-one is saying that you cannot have a covered alfresco, what is said is that these 2 manifestations have been improperly conceived based on Barrett’s original work.

Original creation of covered alfrescos will not be prohibited as a result of these decisions.

The difference in the Inform case may well be that the respondent didn’t need to lie to explain how it created its work. It had a comprehensive explanation, unlike Metricon and Carlisle.

I note that Metricon in the High Court quoted this website in support of its application. Didn’t help them!

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