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- Date: Mon, 15 Jul 91 02:21:46 CDT
- From: "William Vajk (igloo)" <learn@GARGOYLE.UCHICAGO.EDU>
- Subject: File 2-- The Vajk-Spaf-Leichter dialogue continues......
-
- More Questions....
- ====================
-
- I have read Jerry Leichter's response in CuD 3.24, and have received
- mail from Thomas Klotzbach which has also been submitted by him for
- publication in CuD.
-
- As a direct result of the issues raised by these two gentlemen, I
- spent the better part of a day in one of the law libraries provided by
- Cook County, Illinois, for use by the public. Instead of having
- answers, the review of copyright laws in 17 USC only created more new
- questions, which I'll address another time in yet another article.
-
- Briefly stated, copyright laws do the best job of protecting tangible
- goods wherein the expression constitutes the primary value. In other
- cases where a visual rendition is possible but does not represent the
- real value of the object, as with musical scores, the public
- production rights also glean protection, but the primary purpose is to
- preclude unauthorized reproduction of tangible medium versions.
-
- It would seem that copyright protections for source code, as in UNIX
- source code, is rather minimal. Indeed, rereading the Rose indictment
- >from Maryland and the plea bargain, copyright is never mentioned. In
- detail, the Rose case becomes further complicated in that he received
- the code from a bailee.
-
- Klotzbach is correct in one comment that there are criminal aspects to
- copyright violations. They fall, however, in a particularly narrow
- range, requiring willful action AND profit motive on part of the
- miscreant. If you don't sell it, copyright law isn't applicable to
- prosecution as a criminal.
-
- I was unable to discover the exact requirements currently mandate for
- deposit of software in order to support a copyright. The Rose
- indictment calls the source code "confidential and proprietary." It is
- confidential in an AT&T security employee's dream, and that's about
- the extent. Leichter suggests that AT&T could claim to have never
- published the source code. This would be true if sale or offer to sell
- were a requirement. 17 USC addresses these issues with the term "vend"
- instead of "sell." The source code we're talking about has been
- published all right, and is in no way entitled to a "trade secret"
- status.
-
- Leichter defends the errors made by law enforcement, stipulating that
- they have to learn how to deal with computer crime. Agreed, in
- principle, but not in detail. The problems I am addressing have to do
- with the general approach law enforcement seems to be taking to
- solving all crime these days. The Constitution hasn't changed
- recently. Essentially the same rules have applied to investigations.
- What does an officer have to learn about computer criminality in order
- to keep him from kicking in two doors because some law abiding
- individual tried to get into a bbs that was no longer a bbs ? What
- does he have to be taught in order to have the patience necessary to
- simply wait for the guy to get home from work, and ask a few questions
- ? We are seeing some of the fallout from our permissiveness regarding
- RICO.
-
- These issues have nothing to do with computer criminality as opposed
- to using sensible investigative techniques. Are we in an age where
- we've been subjected to so many shoot-em-up cops versus the bad guys
- TV shows that people here on usenet, among the best educated, most
- sensible souls in the US, can accept kicking in doors and summary
- confiscation of personal property as a valid and reasonable outcome
- >from calling the wrong phone number a few times ?
-
- We have a nation which based its laws on personal freedoms and rights
- before any other consideration. Let's please try to remember the
- importance of this simple philosophy.
-
- CuD 3.25 arrived as I was finishing this article. A couple of points
- for Gene Spafford to contemplate come to mind. He asks why it is that
- I criticize him personally. The answer is simple. The way the articles
- by Spafford have been written, it is impossible to separate the
- concepts from the man. His style is the same in Communications of the
- ACM. Interestingly, I have been criticized by him exactly in the same
- way as he complained regarding my statements about him. I expected it.
- I suppose Spafford didn't. These opinions are pretty personal. They
- can hardly be discussed at arm's length. It is not any more remote to
- ask if readers find statements hypocritical, or the individual (see
- Spafford's comments in referenced CuD.) I am not insulted by
- Spafford's opinion. He holds it, he's entitled to it, I won't argue
- the point. (Where do you cut notches, Spaf? :-)
-
- Spafford asks a direct question of me to which I am happy to reply:
-
- > If Joe Random were to shoot someone in front of witnesses, he would
- > be innocent under the law until a jury returned a verdict in a trial,
- > but he would NOT be innocent of the act. Would any witness to the
- > crime, or anyone who spoke to the witness, then be equally condemned
- > by Mr. Vajk for saying "Joe was not innocent of murder" before the
- > conclusion of the trial?
-
- Yes.
-
- A witness can justly say "I saw him shoot the guy." A person who spoke
- to a witness might reasonably say "He said he saw Joe Random shoot the
- guy." Anyone can say "I believe Joe is guilty" and still be fair and
- reasonable. But to state someone IS guilty is the duty of the jury
- (or judge.) We, all of us, have reserved that right to the judicial
- process. I cannot fathom why anyone would be inclined to change that
- now. When one begins to assume these responsibilities on themselves,
- it becomes easy to victimize even individuals who haven't been charged
- with crimes by painting them with a wide black brush of presumed
- guilt. We've seen it happen, right here on this network. It has also
- been called the tyranny imposed by the self-righteous.
-
- And finally:
-
- > ...one cannot champion free speech without also embracing the responsibility
- > to to respect others who choose to exercise that right -- disagreement with
- > views should not become contempt for people who (appear to) espouse them.
-
- Of course it is possible to respect another's right to freedom of
- expression while holding them in contempt. I respect the rights of
- Nazis to march in Skokie. If asked to testify regarding their rights,
- I would most likely state that 'I believe this swill must be permitted
- to march. Please issue the necessary permits.' I certainly will never
- respect them in any way.
-
- I don't, however, see anything hypocritical about respecting some
- particular individual for some aspects regarding them, and detest
- other aspects concurrently. Most of us aren't particularly narrow.
-
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