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- Path: sparky!uunet!usc!sdd.hp.com!think.com!barmar
- From: barmar@think.com (Barry Margolin)
- Newsgroups: misc.int-property
- Subject: Re: Copyright and Derivative Works
- Date: 18 Aug 1992 05:50:44 GMT
- Organization: Thinking Machines Corporation, Cambridge MA, USA
- Lines: 37
- Message-ID: <16q33kINNmmj@early-bird.think.com>
- References: <Bt375A.By0@newcastle.ac.uk>
- NNTP-Posting-Host: gandalf.think.com
-
-
- G.D.Shaw pointed out that it's impossible to "prove" that something is a
- copy or derivative work when computers are involved, and asked how we are
- to reconcile copyright law with this.
-
- There's a simple answer: it's not a problem (at least in the USA). Civil
- law doesn't require absolute proof, it just requires you to make a better
- case than your opponent so that you can convince a judge or jury. It's not
- even as stringent as criminal law, which requires proof "beyond a
- reasonable doubt" in order to convict the defendant.
-
- Thus, the impossibility of proof would hurt both the plaintiff and
- defendant about the same. The plaintiff can't prove absolutely that the
- new file is electronically related to the original, but the defendant can't
- prove that he wrote it from scratch.
-
- In practice, the courts are likely to believe computer records unless
- they're contradicted by more reliable evidence. For instance, if the
- plaintiff claims to have started writing the document on July 1, and the
- defendant can bring in a backup tape from June 1 that contains an early
- draft of his version, then the court will likely believe that it's an
- independant work. Yes, it's possible to fake the date on a backup tape;
- however, the plaintiff would have to convince the court that the defendant
- did so, as the court will otherwise presume its veracity (hmm, I'm starting
- to sound lawyerly).
-
- In the real world, people are found guilty of copyright infringement on
- much less ground than you're worrying about. There have been a number of
- recent cases where movie and music creators have been found guilty based on
- the fact that they could have read or heard the original version and the
- purported copy bears a resemblance to it.
-
- --
- Barry Margolin
- System Manager, Thinking Machines Corp.
-
- barmar@think.com {uunet,harvard}!think!barmar
-