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- Xref: sparky comp.org.eff.talk:8131 alt.suit.att-bsdi:737
- Newsgroups: comp.org.eff.talk,alt.suit.att-bsdi
- Path: sparky!uunet!spool.mu.edu!uwm.edu!cs.utexas.edu!hellgate.utah.edu!basset.utah.edu!hollaar
- From: hollaar%basset.utah.edu@cs.utah.edu (Lee Hollaar)
- Subject: Re: BSDI lawsuit
- Date: 29 Dec 92 06:37:42 MST
- Message-ID: <1992Dec29.063742.22155@hellgate.utah.edu>
- Followup-To: alt.suit.att-bsdi,comp.org.eff.talk
- Summary: Lack of copyright notice != no copyright
- Keywords: copyright, notice
- Organization: University of Utah CS Dept
- References: <1992Dec28.141701.25015@crd.ge.com> <1ho25nINNm7n@usenet.INS.CWRU.Edu> <1ho55fINN731@ftp.UU.NET>
- Distribution: inet
- Expires: January 31, 1993
- Lines: 39
-
- In article <1ho55fINN731@ftp.UU.NET> sef@Kithrup.COM (Sean Eric Fagan) writes:
- >In article <1ho25nINNm7n@usenet.INS.CWRU.Edu> edguer@ces.cwru.edu (Aydin Edguer) writes:
- >>So USL is claiming copyright violations.
- >
- >The 32V code that the university started out from was not copyrighted.
- >(No explicit copyright notice, and it was done before the US said that
- >things were automatically copyrighted.)
- >So they would probably lose a copyright charge.
-
- Not quite so simple. It depends on two facts -- when was the code first
- fixed in a tangible medium and whether the code was published. Publication
- generally means sale or other transfer of ownership, rental, lease, or
- lending. It would probably not be code licensed with restrictions on
- further distribution.
-
- Before the effective date of the Copyright Act of 1976 (January 1, 1978),
- the prior federal copyright act covered only published works, and required
- notice on the work at the time it was published or copyright was lost.
- Unpublished works were covered by state copyright laws (generally common
- law rather than statutory law).
-
- If a copyrighted work contained a notice, this generally meant that the
- work would be considered as published, so unpublished works would not
- normally have a copyright notice.
-
- The Copyright Act of 1976 changed all this. "Copyright protection
- subsists ... in original works of authorship fixed in any tangible
- medium ..." (Section 102) No notice is required, and state copyright
- laws on unpublished works are preempted by the federal law (Section 301).
- The notice requirement before the Berne amendments in 1988 read
- "Whenever a work protected by copyright under this title is *published*
- in the United States ... a notice of copyright shall be placed on
- *publically distributed* copies ..." (Section 401) Note that the
- requirement is only for published works, and only on the publically
- distributed copies.
-
- So, if 32V is an unpublished work, it is likely protected either under
- state copyright law (if written prior to 1978) or federal law, even if
- it has no notice.
-