Re:Indicator Design and Intellectual Property Rights

[jouster]

Any eSignal users who are lawyers out there? What are the legal guidelines regarding intellectual property rights and indicator design? Hope this is the right place to post this question. In the .EFS library I've seen many indicators which were created by and for eSig members from code or parameters which were located on the web. In many cases the indicators were revisions or translations of named formulas. In terms of IP copyright when is this acceptable?

To be specific; If I have a programmer write an .efs file that combines the best of two previous indicators and which generates signals in a unique way can this be distributed as my new 'XYZ indicator' without concern over copyright infringement? This is a somewhat specialized question that many attorneys might not have insight into. Any feedback will be appreciated.

[gspiker]

It depends on the terms as stated in the copyright statement (if any). If no copyright are stated, then it is open code and you are free to do what you want. Some code out there say specifically "Feel free to modify or use, but keep this copyright statement intact on any code derivatives". This means you can use the code as a base for other indicators, as long as you keep their statement intact (you can add more statements under it to copyright your changes/additions as long as such changes or additions are also marked).

Some of the statements specifically exclude the use of the code in commercial products without prior approval of the author, but give you freedom to use it however you want to (including modification) aside from that.

If their is a copyright, but no statement, you should check with the author about approved uses. This means they are reserving all rights that copyright gives them.

Given that most code out there is derivative in nature, and that any code posted to the group was likely done so with the intent of use/modification, I doubt you will have much issue anyone telling you that you can't use their code (within the confines of their statements, if any). So it doesn't hurt to ask. Besides I'm sure most people who publish code would like to hear if it is useful to others, and ideas others have on how best to use it.

Hope this helps.

G

[jouster]

Location of copyright

Gspiker,
Thanks for your reply. Where is the copyright information that you're referring to typically located, in the header area preceding the formula? Or must one do a search of the U.S. Copyright Office archives for a document on the formula? Or are indicator formulas legally filed somewhere else?

Also I've wondered what can be considered proprietary; the graphic results of an indicator or just the unique formula used to create the original? For example, I would imagine that often someone sees a charting function they like and create their own formula to emulate similar results without seeing the original code. Does that infringe? Or with a dozen charting languages out there today, if an original formula created in TS EasyLanguage gets translated into WealthLab, from there into Metastock and then into eSignal EFS, when has it become public domain?!

These questions have practical importance for me (and maybe others?) so thanks for your further response or the thoughts of others...

[gspiker]

jouster,

This is just IMO, as someone who has worked with legal folk on these issues before. They should be confirmed by your own legal council before you base any plans on them.

1) The copy right info is on the header of all code that wants copy right protection. Of course, you really should make sure that any unprotected code isn't derivative of some other code that is so protected. Some people don't seem to respect the concept of copy right and remove the header, despite clear notice that this is not legal to do.

2) copy right is not a patent. It is just a method of protect specific instances of code. The results of that code, or the methods/algorithms are not protected. If you can code the same piece of code without reference to the original, you will likely be safe. If you look at Linux some of it is almost a straight copy, and yet they seem to be safe due to the amount of code that isn't. The whole of Linux is clearly derivative of Unix, complete with how the overall architecture is stitched together and the names of the functions.

3) If the original code (in wealthlabs, whatever) had a copy right, and someone who "ported" it to another language didn't keep any claims to the rights it would depend on the amount of differentiation between the codes. There are rules on this (which I forget right now - on the number of points of similarity or difference), but even at best they seem open to interpretation.

However, in my mind, there is just as big an issue as the legal aspects and that is the moral. Personally I would check with the author of any code about use of their code if I had ANY plans to use it in a product or service. Why would you want to screw someone who was kind enough to offer up their work to the public (if it holds a copy right or not).

G