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by drzaiusx11
61 days ago
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Honestly their argument works for me. It truly cannot be "100% compatible" without sharing the same memory layout/contents in this case. Unfortunately for Franklin, that also meant that full compatibility comes hand and hand with trademark & copyright violations. I find it more "sad" than "upsetting" as the original author implies in this piece. Personally, I love cloned hardware and software. I seek out clones when I can and even make my own (for fun, not profit.) I have a few Atari 2600 hardware clones I designed and built along with eprom cloning software and burning hardware. Not for any real reason, just because I like figuring out how hardware and software works and cloning is often a means to that end. |
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Even then, you don't get to just say "we need this for compatibility", you have to actually find software that breaks if you do it any other way. The act of reimplementation is both reverse engineering technique as well as legal technique - you are building up a series of excuses for specific acts of copying. What Franklin did the first time around was go straight for the conclusion they wanted, which courts really, really don't like. Courts want to see your struggle.
[0] In fact, Oracle's argument against Android in Google v. Oracle hinged on their ability to make reimplementation of Java functions sound like plagiarizing Harry Potter.
[1] The words "clean room reimplementation" get thrown around all the time, but it's not strictly necessary to be clean-room. The precedent for compatible reimplementations includes Sony v. Connectix, where the latter was very much copyright-tainted and won anyway.