It looks like I was (at least!) an hour behind on my post. I just now read DaveScot’s post “Bolinski…Backed Down…” which does a better job of saying “all this is moot.”

The only thing I can see XVIVO actually claiming is style, processes, and algorithms.

As far as I can tell, the only claim they have would be style. You just can’t steal a computer graphics process or algorithm just by looking at the output. Even a “reverse engineering” of certain motions and materials would result in very different processes to produce and render them. To obtain an algorithm would require espionage.

However, over on Dawkins’ blog (I don’t know how to do the link thingie, so take my word for this, check it out, or leave it–as you wish) there is a letter which is allegedly from David Bolinsky (the XVIVO medical illustrator who supposedly filed the suit along with the request for a preemptive injunction [IANAL, so my terminology here may be mistaken] to prevent the showing of Expelled) addressed to William Dembski, inter alia.

In it, Mr. Bolinsky says, “So go ahead and release your movie. Just keep track of how many tickets you sell. We may just find that data valuable, too.”

If this is indeed from Mr. Bolinsky, he is now apparently giving permission to release the movie, in spite of his earlier request that it not be released. One might argue that Mr. Bolinsky is using sarcasm in this letter. However, that is not at all clear to me, and it may not be clear to Expelled’s producers, either.

I say again, “roll the film!”

Near as I can tell none of the stuff XVIVO mentions is protected by copyright. Copyrights exclude methods, ideas, processes, styles and a lot of other things that go into a copyrighted work. For instance, styles are protected by design patents. These protect a unique “look & feel”. Software algorithms can be patented with utility patents. You can’t protect styles and algorithms with copyrights. The only thing I can see XVIVO actually claiming is style, processes, and algorithms. If they think they can protect those with a copyright they have another think coming.

Showing the film makes them a party to the “crime”.