Is It Too Difficult To Expect The Press To Understand The Difference Between Patents And Copyright?
from the just-wondering... dept
Michael Scott pointed us to a story from the Mass High Tech Business News claiming that Adobe had been hit with a copyright infringement lawsuit by EveryScape. That caught my eye because it’s pretty rare for there to be copyright infringement claims between software companies, since there needs to be actual copying of the code in question (in most cases), and that’s pretty rare. And, reading the article, it didn’t sound like anyone was actually alleging copying of code. The more I read, the more I suspected that the reporter just got the story totally wrong, and that this had to be a patent infringement case, rather than a copyright one.
And, indeed, that’s what it appears to be. The company EveryScape, appears to have two patents (7,327,374 and 7,593,022) on the technology being discussed here. I get that not everyone recognizes the differences between copyrights, patents and trademarks, but honestly, if you’re passing yourself off as a high tech publication, it seems like you should be able to get the basics down.
Furthermore, the author of the article makes it sound like Adobe directly copied EveryScape’s software and then “began passing the technology off as its own.” This implies that Adobe “took” someone else’s technology, rather than creating their own. Nothing was taken here. It sounds like EveryScape makes a small feature that’s an add-on in PhotoShop. If your business is based around selling a small feature on another company’s product, that’s just a bad business. You should expect, eventually, that other company will build its own if your feature is any good.