Why "no source code was copied" may not be a sufficient copyright defense in software cases
By
oscgam1
Summary
The article discusses the nuances of copyright law in software, specifically whether "no source code was copied" remains a valid defense. It explains that nonliteral copying (not bit-exact matches) can still constitute copyright infringement under the "substantial similarity" standard, which requires proving both access to the original work and similarity between works. The piece highlights that most copyright cases that go to trial involve substantial similarity rather than exact copying, suggesting that the defense of not copying source code may be insufficient in many cases.
Source
Hacker NewsWhy "no source code was copied" may not be a sufficient copyright defense in software casesnews.ycombinator.comKey quotes
· 3 pulledThe first thing to note is that nonliteral copying can still be infringing.
Actually, among copyright cases that actually go to trial, most of them are not bit-exact matches ('striking similarity' in legalese).
The lower standard those cases would have to meet is substantial similarity, which requires proving both access and similarity.
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