Copyrights - Copyrighted Tool?

2015-03-14 7:23 pm
Suppose i buy a wrench which is copyrighted in some way.

I know making an identical wrench is forbidden.

Selling it is also.

Making and selling a wrench that shares some features - derivatives is also forbidden.

If i use it to offer a service which its completion is based on using the wrench as a tool , can someone in any way-copyright statement forbid me from doing so.

Eg. Ms Excel , no Reverse Engineering, No Embedding, No Reselling, etc but if i use it to analyse some data, and charge for the analysis, then what ?

Is there a term for the above case?

回答 (3)

2015-03-16 5:07 am
✔ 最佳答案
Even with a patented tool (copyright doesn't apply to "functions"), once it has been sold on the open market, the owners of the patent cannot generally restrict HOW it is used, unless that is part of the patent (e.g., a patented structure with a patented process for using the structure).

It is, however, possible to limit the use under licenses, where you do not actually own a lawful copy of, for instance, computer software. You can agree to restrictions that are more strict than what the patent or copyright laws would otherwise permit -- to a limited extent. There is a line beyond which "copyright abuse" or "patent misuse" would prevent someone from enforcing a contract that is more strict than the general laws.

If you buy a patented piano, you can compose and sell your own works, using that tool, and the patent owners have no claim to the copyright of your works.
2015-03-14 10:07 pm
Copyright is for original works of authorship. That most commonly includes books, movies, music, artwork, and software.

Patents are for inventions, like pharmaceutical products, and technology components.

It is very very rare that a wrench would have any component "copyrighted." It would be possible for someone to do something like put an art print on a wrench, but even then, just that print would be copyrighted.

If someone invents a new and original wrench feature, they might obtain a patent for it. But there can be requirements that it be "nonobvious," or not already known to the public.

Anyway, your question is quite bizarre, as copyright generally does not apply to wrenches, or to any tools. Some patents might. There's no such thing as "derivative" wrenches. There can be ways to "design around" a patent.

Somehow you just to talking about using a wrench to analyse data. They're not used that way. Software -- which is a copyright thing -- might be used to analyze data. But you haven't asked about a software scenario. Software is not a "tool," it's a work of authorship.

No, there is no term for what you're describing because you're applying words inappropriately. It may help if you ask a more specific question, and not try to do a hypothetical "tool" thing.
2015-03-14 7:33 pm
You can't copyright a tool.

You can patent one, which is an entirely different thing. Which is why there are thousands of patents for wrenches and why you need a lawyer to ever get your patent enforced that your wrench is particularly unique and that your patents are being infringed upon.



The problem here is you've mistaken the word tool to always mean an actual tool.

Before you ask, MS Paint, does not use any actual paint.

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