[Linux-aus] No copyright for "functional" works?

[Neill Cox]

Today's Law Report on Radio National covered the story of a boat builder
who has found that no copyright applies to one of his designs becuase it
is a "functional" rather than an "artistic" work.

This makes me wonder about the implications for software. Normally we
protect source code with copyright, but if software is functional rather
than artistic does this mean that copyright doesn't apply? If so what
happens to the GPL?

The High Court found in a unanimous decision that the builder in question
had no copyright protection for his plans but should have registered the
designs under the "Registered Designs Act" or somesuch.  (I'm relying on
my memory of the show from this morning so I may not have this name
correct).

Any IP lawyers on the list want to comment on this? I'd really like to be
told that this is nothing to worry about :) Obviously, IANAL, so may have
this all completely wrong.

The story is at:
http://www.abc.net.au/rn/lawreport/stories/2007/1923023.htm Sadly only
available in proprietary audio formats atm, but there will eventually be a
transcript and the program will be repeated tonight at 8pm.