Jack OBrien Offline Upload & Sell: Off
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From the viewpoint of a software developer, I retain all rights to my software. When a customer purchases my software, they get a limited license to use the software. This is fairly typical of all software. However, IMHO, I think there is a misunderstanding of what is software, and what is data. The WB information that is stored in the nef file is encrypted data, not software. Yes, it does require software/code to decrypt the data, but that is where NC or any other software comes in that imports/converts the nef file. Encrypted data is not inherently protected by copyright. The software that decrypts it is. I use encrypted data all the time in my software, because there are certain things that I don't want to be publicly viewable. And that is what Nikon has done, they have encrypted the WB data, because they don't want it public.
If someone were to be able to decrypt data I have stored/created with my software, I wouldn't like it, but it would not hold up in court as theft or infringement of copyright.However, if you steal my software, I'll do everything in my power to take you down. Now, if you stole the code that Nikon actually wrote, e.g. the code that creates the WB data, that would be theft. But, reverse engineering the data to write your own code/algorithim would not be theft. This has been tried many times in the courts. For example, IBM sued Phoenix Technoligies accusing them of 'stealing' their BIOS code on the IBM PC. But Phoenix proved in court that they had reverse engineered the BIOS and wrote their own, and the courts sided with Phoenix. The 'IBM compatible' computer was the result.
I don't mind that Nikon is encrypting the WB data, what I do mind is them not being forthright with how to read it. If they are trying to protect intellectual property, I would think they could store the data in such a way as to hide their technology. Outside of that, they could license the decryption algorithim to vendors, or provide what is called a software development kit for software developers. This way, they would protect their data, and other software developers could incorporate full Nikon support into their software. Kodak has a similar program for their software technologies.
IMO, all the Nikon software contained in the camera itself is of course intellectual property of Nikon, and I fully support them wanting to protect that. However, I do believe that once the file has been stored on my memory card, it should be totally and completely mine. Just my thoughts.
Jack
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