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Aug 9 •
DISCLAIMER
I am a Software Engineer, Architect, Designer, and Developer with a BS in Math / Computer Science. I've been dealing with IP laws and their impacts my entire career. I AM NOT A LAWYER. Nothing here should be considered "LEGAL ADVICE" but rather BACKGROUND MATERIAL FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. I'm sorry that needs to be said. The ONLY "LEGAL ADVICE" I would offer is simply this: IF YOU HAVE LEGAL QUESTIONS ABOUT HOW ANY OF THIS MIGHT AFFECT YOU, CONSULT WITH AN IP LAWYER. Here's some FINANCIAL ADVICE: Read my book first -- the last thing you want to do is pay $400+ per hour to be TUTORED by a lawyer about stuff you can learn here or online for free. You don't need to hire a CPA or Certified Financial Planner to teach you how to balance your checkbook, right? Learn the basics BEFORE you hire a specialist! If you have any questions, please post them here so I can see where to refine parts of the book. I'm happy to answer as well as I can, but don't be put off if I suggest asking Google or a lawyer. Google will probably cite several references that include US Government sites like the Copyright Office and the Patent and Trademark Office. The info on those sites is very comprehensive and easy to understand. Curiously, there is no "US Trade Secrets Office", which is where you'd go to learn how to deal with AI-generated content. Which may be why so few people outside of the Tech industry are familiar with TS laws and practices. In fact, Trade Secret practices seem to have been around for over 2,000 years. Generally speaking, you can use Trade Secret practices to protect anything that Copyrights and Patents don't. There are even two flavors you can use in parallel: Federal DTSA laws and State-by-State UTSA laws. But, again, spend some time learning about this stuff BEFORE you consult with a lawyer; your pocketbook will thank you!
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Aug 10 •
IP and software patents
I wonder what the impact is going to be on IP law in software in the very near future when an AI can theoretically write an entire app from first principles. I was working with something the other day where I wanted a library that simply did not exist in the environment I was working in. Specifically, I'm working on a Lua report generator and wanted to create a PDF and there's no PDF library available in Lua, or at least not one comparable to something like PDFKit in JavaScript. So I said, hey buddy, why don't you port that bad boy over into Lua for me? And it said, sure, here you go, 25,000 lines of pure Lua code including compression and PNG support, all byte-level identical to the output from PDFKit. Have a great day! I didn't even have to give it the source for PDFKit, as JavaScript that runs it is there if it is running (node_modules or whatever). So a one-shot deal and off it goes. Could be the same for anything. What does "clean room implementation" even mean anymore?
Aug 9 •
CASE: Diamond v. Diehr (U.S. Supreme Court, 1981)
INSIGHT: The Book's Part II software parallel. The law kept refusing to protect raw math but protected what humans built with it — the same shape as refusing to protect raw AI output while protecting what humans build around it. RULING: A rubber-curing process used a well-known math equation, run by a computer. The question was whether that’s patentable or “just math.” The Court said PATENTABLE — because the process transformed something in the real world. The application crossed the line that the bare formula couldn’t.
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Aug 9 •
CASE: Burrow-Giles Lithographic Co. v. Sarony (U.S. Supreme Court, 1884)
INSIGHT: This is the 140-year-old root of everything in Part II of the book. The machine-is-a-tool test decided in 1884 is the exact test that underlies the latest decisions. Same argument, different machine. RULING: A company copied a famous photograph of Oscar Wilde and argued photos can’t be copyrighted — a camera is a machine, so there’s no human author. The Supreme Court disagreed: the photographer made the creative choices (pose, lighting, framing), so the HUMAN WAS THE AUTHOR and the CAMERA WAS THE TOOL. This is THE pivotal case behind nearly ALL AI-generated content today.
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