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- Path: sparky!uunet!joebloe!joseph
- From: joseph@joebloe.maple-shade.nj.us (Joseph Nathan Hall)
- Newsgroups: comp.sys.mac.programmer
- Subject: Re: Shareware legality question
- Date: Tue, 1 Sep 92 01:36:13 EDT
- Organization: 5 Sigma Software
- Message-ID: <01050166.cgucc7@joebloe.maple-shade.nj.us>
- Reply-To: joseph@joebloe.maple-shade.nj.us
- Distribution: comp.sys.mac.programmer
- X-Mailer: uAccess - Macintosh Release: 1.5v5
- Lines: 47
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-
- In article <BtvFx6.L9x@news.cso.uiuc.edu> (comp.sys.mac.programmer), resnick@cogsci.uiuc.edu (Pete Resnick) writes:
- ) >I submitted a shareware copyrighted program to sumex-aim. In the
- ) >README file I included a line that read <Public domain houses, such as
- ) >Educorp, must contact me before distributing this program>. I guess I
- ) >aint no legal wizard, and I should have worded that more carefully.
- )
- ) >Do I have any rights here, or did I goof with my language.
-
- You can certainly make them stop. Alas, you have no other remedy
- if your work is not registered with the Library of Congress.
-
- As I understand the law:
-
- If you work is unpublished (which in this case, it is not), you need
- not include any copyright notice in order to prevent its unauthorized
- distribution and/or reproduction. In fact, you must explicitly waive
- your rights. Since US copyright law reform you automatically have copyright
- of any work (excepting work-for-hire, etc.), even if there is no copyright
- notice.
-
- If you distribute your work in a way that looks like publication,
- you must have a copyright notice to protect your rights. However,
- this does not allow you to seek any remedy other than to force someone
- who is distributing/reproducing/etc. your work without authorization
- to stop. This is the criminal portion of the law, more or less.
- I think that the method for sending people to jail if they persist
- is contempt of court, but I'm not sure.
-
- If you want civil damages, you must 1) register with LOC, and 2) take
- the offender to court. In that order. You can't register after the
- offense was committed and get post facto damages, alas.
-
- A stiffly worded letter to the offender, either from you or from a
- lawyer, should bring results. Do not be afraid to threaten, even
- if your threats are idle! This is what lawyers do, and you can do
- it too.
-
- I'd suggest registering your work with LOC in the future. That alone
- wouldn't save you the trouble of hiring a lawyer ($$$), but you could
- possibly recover some $ from the offender.
-
- uunet!joebloe!joseph (609) 273-8200 day joseph%joebloe@uunet.uu.net
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