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- Path: sparky!uunet!pipex!unipalm!uknet!newcastle.ac.uk!tuda!dph3gds
- From: Graham.Shaw@newcastle.ac.uk (G.D.Shaw)
- Newsgroups: misc.int-property
- Subject: Re: Copyright and Derivative Works
- Message-ID: <Bt91M8.43@newcastle.ac.uk>
- Date: 19 Aug 92 21:13:19 GMT
- References: <16q33kINNmmj@early-bird.think.com> <Bt6D2K.6sJ@newcastle.ac.uk> <16s47fINN32c@early-bird.think.com>
- Organization: University of Newcastle upon Tyne, UK NE1 7RU
- Lines: 54
- Nntp-Posting-Host: tuda
-
-
- >You're being pretty vague. I presume you're talking about transformations
- >such as encryption. Simply looking at the two texts will not make their
- >similarity apparent. However, the court may be able to force the defendant
- >to decrypt the text (much as it can force him to open a safe, or reveal
- >other pertinent information), and then the similarity should be apparent.
- >
- In general, encryption is not enough (for the reasons you point out).
- Encrypted messages normally contain a lot of information (even if that
- information is difficult to use). To reduce the information content to
- zero, the key must be at least as long as the message. The simplest
- way of achieving this is a simple XOR one-time pad.
-
- For example, suppose you have three messages A, B and C. Two of them
- are random (NB I mean really random, not pseudo-random). The third
- is a derivative work of a text D, such that A xor B xor C == D.
-
- Assume that it is not possible to trace the history of how these
- messages were created (ie. all physical evidence has been destroyed
- or is untraceable).
-
- A, B and C can now be released into the public domain and distributed
- (so long as no person copies more than one of the three: separate
- distribution channels are needed). So long as the history cannot be
- traced, none of the messages can be shown to be a derivative work
- with more than a 34% probability. In theory at least, this is not
- enough for a civil court to find against you (and certainly not a
- criminal court).
-
- (In practice, you would want to hide the random messages in something
- that looked legitimate, to protect you from other legal risks, but
- the principle is sound).
-
- >If they can't base their judgement on direct comparison of the texts, then
- >they will have to resort to other types of evidence. There are many cases
- >where direct evidence is not always available or reliable. For instance,
- >an eyewitness who sees the defendant run the transformation program, or
- >hears him talk about it in the hallway, can be more useful than direct
- >comparison.
-
- Agreed: As I said above, it would be necessary to avoid leaving any
- evidence. I haven't though about it in detail, as I have no wish or
- intention to try any of this out (the question is whether the law is
- enforceable: the acts involved to evade it would still be highly
- illegal and in my view immoral). However, given the intangible
- nature of information, I have little doubt that you could cover your
- tracks if you tried (contrary views welcomed).
-
- I hope this helps explain the problems that I am talking about, and
- apologies for the lack of technical details in my original post.
-
- Graham Shaw (dph3gds@tuda.ncl.ac.uk)
- Deparetment of Physics, Durham University, England
- Temporarily at: the William Herschel Telescope, La Palma
-