Can SQL be Copyrighted?
Note: We are not lawyers, and
this page is not legal advice. For legal advice, consult a
qualified attorney, not this web page.
An individual may reproduce a copyrighted
work, however, [when he does so] for a 'fair use'; the copyright
owner does not possess the exclusive right to such a use.
Sony Corp. v. Universal
City Studios, Inc.,
464 U.S. 417, 433 (1984). This
principle is embodied in the Copyright Act: "the fair use of a
copyrighted work . . . is not an infringement of copyright." 17
U.S.C. § 107 (West Supp. 1992).
But what about SQL? Can SQL be
copyrighted?
I'm not a lawyer, but I remember the case
of
Apple v. Microsoft, where Apple tried to claim that their
"drop-down:" menu's were copyrightable. As I recall, the
court ruled that the "drop-down menu's could not be copyrighted,
and that any "access method" cannot be copyrighted.
Here we see an interesting issue.
Surely, SQL is a data access method (suggesting that it cannot
be copyrighted), but some of the later incarnations of SQL have
strap-on's that make the SQL function as a procedural language,
which might be copyrightable.
Note: We are not lawyers, and
this page is not legal advice. For legal advice, consult a
qualified attorney, not this web page.
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