Jacek
@198.208.x.x
 from:
tomkb 
| reply to Camelot One
Re: Are they even able to do that?
I don't think so.
First: the message says "aroud the world" which already assumes, that all countries have the same law. That is of course nonsense as DVD Jon already proved. I wouldn't be surprised if North Korea would ignore US copyright.
Second: copryighted doesn't mean secret. Copyrighted means, one cannot use the software without license. I don't think it prevents reading the code. If this would be the case, it would make illegal to read fragments of the book in a bookstore before buying one.
JM |
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tomkb
Premium
join:2000-11-15
Avon, OH
clubs:
 ·RoadRunner Cable
| said by Jacek:
I don't think so.
Second: copryighted doesn't mean secret. Copyrighted means, one cannot use the software without license. I don't think it prevents reading the code. If this would be the case, it would make illegal to read fragments of the book in a bookstore before buying one.
JM
That's an interesting way to look at it. |
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dave
Premium,MVM
join:2000-05-04
not in ohio
 ·Verizon Online DSL
 ·Verizon FIOS
| reply to Jacek
said by Jacek:
If this would be the case, it would make illegal to read fragments of the book in a bookstore before buying one.
The correct analogy would be if you were to start photocopying the book in the bookstore.
('Fair use' of course would allow small extracts, as long as you could get the bookstore to agree.) |
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buulshityou gotmynam
@rr.com | 
The correct analogy would be if you were to start photocopying the book in the bookstore.
('Fair use' of course would allow small extracts, as long as you could get the bookstore to agree.)
You are way off base on this. |
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CornWhole1
@swbell.ne | reply to Jacek
Downloading/Seeing the code may not fall under copyright law, it may fall under trade secret law? I'm not sure though. |
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Rhobite
Premium
join:2002-02-24
Cambridge, MA
clubs:
| reply to Jacek
So many misconceptions here...
Downloading the code is a violation of copyright law. Possessing or using an unauthorized copy is a violation of copyright law, just ask any business that's been raided by the BSA. Distributing it is CERTAINLY against the law. And it's copyright law, not trade secret law. That's something different.
Dave isn't "way off base," he's got it exactly right. This situation is no different than photocopying a book in a library or book store.
--
Jimmysquid.com - I take pictures. |
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Hagrinas
@pacbell.n | reply to CornWhole1
There are trade secret laws, but once something gets posted, it's no longer a secret. It's still copyrighted, though. |
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tomkb
Premium
join:2000-11-15
Avon, OH
clubs:
·RoadRunner Cable
| reply to Rhobite
said by Rhobite :
So many misconceptions here...
Downloading the code is a violation of copyright law. Possessing or using an unauthorized copy is a violation of copyright law, just ask any business that's been raided by the BSA. Distributing it is CERTAINLY against the law. And it's copyright law, not trade secret law. That's something different.
Dave isn't "way off base," he's got it exactly right. This situation is no different than photocopying a book in a library or book store.
Define un-authorized copy. May I not make a copy of any media I already own? I believe that's called fair use, and the dmca is trying to trample it.
Businesses aren't raided by the bsa. They are not a law enforcement agency and have to prove their case like anyone else. The bsa is simply a collections agency.
What if someone decides to take the source code and make t-shirts? The cat's out of the bag, your trying to diffuse the bomb after it's already went off.
Regarding photocopying a book in a library, I guess children are no longer able to do school book reports. |
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Jason Levine
Premium
join:2001-07-13
USA
| said by tomkb :
Define un-authorized copy. May I not make a copy of any media I already own? I believe that's called fair use, and the dmca is trying to trample it.
Downloading the Windows source code is making an un-authorized copy unless MS gives you the thumbs up to do so. (Running Windows only gives you limited rights to the executable version, not the source.)
If you're talking about the music sidetrack, then downloading a copyrighted music file isn't allowed even if you own a physical media copy. (Unless, of course, the copyright holder gives you the thumbs up to do so.)
If you take a physical media copy that you own and make a backup copy or rip it to an electronic copy, that's ok so long as it's for your use only. (The minute you share it with anyone else, you're out of Fair Use territory.)
said by tomkb :
Businesses aren't raided by the bsa. They are not a law enforcement agency and have to prove their case like anyone else. The bsa is simply a collections agency.
The BSA has long been active in RIAA-style raids. The basic scenario is that someone rats out a company. The company is then sternly told to provide the BSA with documentation (licenses) that they own all of the software they are running. If they can't find some, they risk being sued. (IIRC, I'm a bit fuzzy on the penalty.)
said by tomkb :
What if someone decides to take the source code and make t-shirts? The cat's out of the bag, your trying to diffuse the bomb after it's already went off.
Microsoft still owns the copyright on the code and they would be able to prosecute anyone using their code in an unauthorized manner. To give a slightly different example: What if I were to take a photo of Mickey Mouse from the web and make some T-Shirts from it. After all, it's online so it must be fair game, right?
said by tomkb :
Regarding photocopying a book in a library, I guess children are no longer able to do school book reports.
AFAIK, you can still photocopy passages of a book in a library and still fall within Fair Use. If you decide to photocopy major portions (or all) of it, though, you would likely cross out of Fair Use territory.
--
-Jason Levine
http://www.jasons-toolbox.com/
http://www.PCQandA.com/
http://www.urateit.com/ |
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