[olug] I'm one of the nails in SCO coffin...

Bill Brush bbrush at gmail.com
Thu Aug 23 19:26:39 UTC 2007


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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