On 2/15/2015 8:57 AM, William Herrin wrote:
This assumes that Copyright is the only IP protection out there. There are actually two distinct realms of IP protection afforded in the US. Actually, there are four: copyright, patent, trademark and trade secret. A network configuration could fall under either copyright or
On Sun, Feb 15, 2015 at 12:49 AM, Owen DeLong <owen@delong.com> wrote: trade secret. It won't fall under trademark and it's hard to imagine how a network configuration of a general shape anticipated by the router manufacturer could fall under patent. Not with the double-whammy of prior art and the recent rulings to the effect that adding "on a computer" to a technique is insufficient to make it patentable.
I also believe it is important to note that only certain pieces retain protection. Uniquely entered data forms the basis, which protects the whole. Retaining a full copy of the config or even portions of the config which contain unique data would be a violation. This not only applies to IP Addresses entered, but also applies to routing policies. As you exceed the basics of a policy(qualified as trivial, anyone would draw that single circle with a compass), you enter into the realm of artistry. It is not that another config cannot do something similar, it just can't do it word for word. Changing the identifiers in the policies is probably not enough if you have a 50+ line policy that doesn't have prior art. Most engineers know when they've crossed the line from trivial/mundane into creative. It tends to be linked to our pride. One thing to be careful of and definitely to seek a lawyer's advice on is the "transference of IP". This is because it can be retroactive. If you've created a set of policies that you use normally with clients that do not retain IP, then a transference of IP could take your rights away. You lose the prior art because you were the artist and you've given your rights to that art to someone else (which is one reason some companies want IP; legal protection). One way around this, most likely, is to establish your art as public domain (allowing you continued use of the foundation work, while losing the more specific details associated with that one project). By doing so, you may be able to protect the art itself. A lawyer would know best, of course. Jack