art might or might not have been patented, is a question which is not before us. It was not
patented, and is open and free to the use of the public. And, of course, in using the art, the ruled
lines and headings of accounts must necessarily be used as incident to it.- Copyright does not subsist in mere principles or schemes
Borden v. General Motors Corp., 28 F. Supp. 330 (U.S.: District Court, New
York, 1939)[The plaintiff owned the copyright in a book called How to Win a Sales
Argument. In the book were a set of principles of persuasion, namely:“(1) Don’t try to do all the talking yourself! (2) Don’t interrupt your
opponent! (3) Avoid an argumentative attitude that is belligerently
positive! (4) In the first half of an argument inquire rather than attack!
(5) Restate clearly and fairly in your own words the gist of each
argument your opponent advances – as soon as he advances it! (6)
Identify your main argumentative attack with one key issue. Then stick
to that issue. Don’t digress!”The plaintiff delivered lectures expounding these principles. Representatives
from the defendant attended one of these lectures. The defendant later
produced a training film called Smooth Sale-ingfor its car salesmen, showing
how they should apply those principles to sell cars. The plaintiff unsuccessfully
claimed that the film infringed copyright in its book.]DISTRICT JUDGE GALSTON:...[I]t is difficult to understand how a monopoly right may be secured sufficiently broad to
prohibit others from reproducing in all forms ... abstract rules such as those hereinbefore
outlined. If such a contention were sustainable no codes of conduct, religious, ethical or mental,
could be reproduced in any form without the consent of the authors. ...If it were conceded that the postulates, axioms and theorems of geometry in some distinctive
arrangement could be copyrighted as a literary work, what dramatic rights do they carry? The
six admonitions of the author in respect to persuasion fall within the same limitation. They
express at most general thoughts – not one of them new or original. They express certain
observations of the practical psychologist. As general principles or ideas or thoughts in
themselves they are not the subject of valid copyright. The most that can be claimed to sustain a
copyright would be the words and their order. ... Ideas as such are not protected.- Copyright does not subsist in methods of operation
Lotus Development Corp. v. Borland International, Inc., 49 F.3d 807 (U.S.:
Court of Appeals, 1stCir., 1995), aff’d (4:4) 116 S. Ct. 804 (U.S.: Supreme
Court, 1996)[The plaintiff was the copyright owner of the Lotus 1-2-3 spreadsheet computer
program. The defendant developed a spreadsheet computer program called
Quattro Pro to compete with the Lotus 1-2-3. It wanted users who have worked
with the Lotus program not to spend time learning new commands for Quattro(^18) Pro. So the defendant included an optional menu interface for Lotus users. The