home *** CD-ROM | disk | FTP | other *** search
- Newsgroups: misc.legal.computing
- Path: sparky!uunet!UB.com!pacbell.com!decwrl!elroy.jpl.nasa.gov!sdd.hp.com!spool.mu.edu!uwm.edu!linac!uchinews!law-mac-28.uchicago.edu!user
- From: DDFr@Midway.UChicago.Edu (David Friedman)
- Subject: Re: Intellectual Property Rights & Source Disks
- Message-ID: <DDFr-260193125124@law-mac-28.uchicago.edu>
- Followup-To: misc.legal.computing
- Sender: news@uchinews.uchicago.edu (News System)
- Organization: University of Chicago Law School
- References: <1993Jan26.133745@cs.bham.ac.uk>
- Date: Tue, 26 Jan 1993 19:05:12 GMT
- Lines: 35
-
- In article <1993Jan26.133745@cs.bham.ac.uk>, jss@cs.bham.ac.uk (John
- Swapp-Sweet) wrote:
- >
- >
- >
- > Many books are published that contain source code listings, often they have a
- > disk with them containing the source code. Sometimes there are listings but no
- > disk, the disk, it seems can be purchased for about US$40.
- >
- > Given that one already has the book, and therefore the code, is one in breach of
- > an intellectual copyright if one makes a copy of somebody elses disk? Or would
- > one be in breach if one placed the code on an FTP site?
- >
-
- The case you should look at is Micro-Sparc, Inc. v. Amtype Corp., 592 F.
- Supp. 33 (D. Mass. 1984). Micro-Sparc published a magazine (Nibble) which
- included listings of source code, and also sold a diskette with the
- programs on it. Amtype offered to Micro-Sparc subscribers the service of
- typing in the their programs. The subscribers, who had the right to type in
- the programs themselves, assigned that right to Amtype. Amtype typed in the
- programs (once for all customers) and sent the disk back, I assume for a
- price lower than Micro-Sparc was charging.
-
- Micro-Sparc sued on grounds of copyright infringement, and got summary
- judgement in its favor; Amtype was enjoined from what it had been doing.
- Whether the same result would apply in your case I do not know; you should
- probably read the case if you want more information. In particular, I do
- not know whether the result under U.K. law (I assume from your address that
- you are in the UK) would be different; the case I am citing was based on
- the specifics of the U.S. copyright act.
-
- David Friedman
- Olin Fellow in Law and Economics
- University of Chicago Law School
- (312) 702-9589
-