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SEE's avatar

So, to explain the judge's ruling and self-reversal --

The judge initially ruled that because Ashton-Tate did not disclose JPLDIS, Ashton-Tate did not have a validly-registered copyright on the dBase software itself. Which would have eliminated Ashton-Tate's legal ability to file infringement suits even against people literally copying and distributing (say) the dBase IV 1.1 disks. Throw in the 1990 state of criminal copyright infringement law (infringing software copyright was only a misdemeanor prior to 1992, and only then if it was done for financial gain), and basically the judge was throwing the dBase software (not just the dBase language) into the public domain.

And it was a clear mistake of law by the judge, who incorrectly applied patent law standards of disclosure to copyright. When you register a copyright, you do not have to disclose that your registered work is knowingly derivative of a public domain work; the Copyright Office doesn't even ask if it is. Which is why the US Register of Copyrights got involved. So the judge reversed that ruling, and so Ashton-Tate's registered copyrights on its specific dBase software products were not voided.

Scott Ocamb's avatar

Thanks so much for this. I was a programmer while all of these events unfolded. I was a Clipper developer for a good number of years. That is a rabbit hole in and of itself. As a side note, I used Desqview as part of my development environment, another rabbit hole.

Thanks Again for the trip down memory lane!

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