[olug] I'm one of the nails in SCO coffin...
Carl Lundstedt
clundst at unlserve.unl.edu
Thu Aug 23 19:49:34 UTC 2007
I'm not a lawyer, but I think you've confused copyright and trademark.
Carl
On Thu, 2007-08-23 at 14:26 -0500, Bill Brush wrote:
> In order for copyrights to be held they must be protected and
> enforced, which is why Disney is so rigorous about protection their
> cash cows.
>
> Copyrights also only protect you from being copied. Unless you sign
> an NDA, the copyright holder cannot force you to not make something
> public, and even then you can still do it if you feel it's worth the
> penalties of breaking the NDA.
>
> Basically, if you didn't tell the copyright holder you wouldn't
> disclose the information, then you are not required to keep it
> confidential (if it's marked proprietary and confidential you can get
> into some other areas, but presumably the code was not marked as
> such.)
>
> In addition, copyright law only only prohibits the infringing on the
> copyright, which can be easily circumvented when posting upon the web
> site that "such and such is copyright of so and so, and no challenge
> is express or implied, by it's appearance here" although you are then
> obligated to remove the material if the copyright holder objects
> unless you want to argue in court that they have not been rigorous in
> their protection of the copyright. In addition by posting only part
> of the code, you could argue that it's allowed under the "Fair use"
> clause of the copyright act.
>
> Bill
>
> On 8/23/07, Luke -Jr <luke at dashjr.org> wrote:
> > On Thursday 23 August 2007, troehr at nj-onramp.com wrote:
> > > http://www.groklaw.net/article.php?story=20061031001345580
> >
> > How exactly do you presume that you are "lawfully permitted to use and
> > disclose the source code as I (you) wish"? Last I checked, copyright law
> > defaults to you having *no* rights to disclose information-- so unless AT&T
> > explicitly gave you permission, you are presumed to have none.
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