RE: hacker copyrights was [RE: telnetd exploit code]

From: Eric D. Williams (ericat_private)
Date: Wed Jul 25 2001 - 17:27:51 PDT

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    Greg,
    
    With all do respect it is clear the case especially the Godwin ref. are not 
    directly material to the issue / topic here but rather the application of the 
    principles herein as you discussed.  I am not clear on what your allusion to 
    self-propagating worm is here, I believe this thread started where a question 
    was asked whether a cracker would be protected from scrutiny by copyright.  Be 
    that as it may I appreciate your arguments and they are clarifying to the 
    subject.
    
    Eric
    
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    On Wednesday, July 25, 2001 5:25 PM, Greg A. Woods [SMTP:woodsat_private] 
    wrote:
    > [ On Wednesday, July 25, 2001 at 14:22:43 (-0400), Eric D. Williams wrote: ]
    > > Subject: hacker copyrights was [RE: telnetd exploit code]
    > >
    > > Re: the lack of legal backing here are a number of links that appear
    > > relevant
    > > to the question (do you violate copyright by publishing hacker code,
    > > discovered
    > > subsequent to intrusion?).  Indeed it appears that the law is fuzzy on this
    > > one
    > > concerning copyright and intellectual property.  But,  given the
    > > circumstance
    > > that a listing or binary of the aformentioned code can not be deterined as
    > > authorized in the first case - the intrusion itself is illegal, it appears
    > > it
    > > can not pass the copyright or intellectual property tests.
    > >
    > > Refs with USC refs:
    > >
    > > 
    http://www.eff.org/Publications/Mike_Godwin/phrack_riggs_neidorf_godwin.artic
    > > le
    > > Ref with USC footnotes: http://www.netatty.com/copyright.html
    >
    > Ah, no, the case discused by Godwin in that article is entirely the
    > opposite of what was suggested initially in this thread -- those cases
    > revolved around a trade secret document stolen and distributed by a
    > crackers, not around code written and distributed by the crackers.
    >
    > Not only that but it would seem clear that anyone receiving a copy of a
    > self-propogating worm or virus explicitly released by its author (or
    > anyone authorised by the author) is in possesion of a legally obtained
    > copy of that code -- it matters not that the foisting of the copy onto
    > your machine was itself probably an illegal act.  Once the copies are
    > distributed they're the legal property of whomever has "legally"
    > acquired them, no matter how illegal the actions of the distributor were
    > in creating or "releasing" them.
    >
    > Some of what is said about case law in the USA does actually clearly
    > suggest copyright on hacker-owned code is in fact not violated by anyone
    > analyzing said code The Court in one of those cases even went so far as
    > to say (here is the Court speaking, as quoted by Godwin):
    >
    > 	"The copyright owner, however, holds no ordinary chattel.  A
    > 	copyright, like other intellectual property, comprises a series
    > 	of carefully defined and carefully delimited interests to which
    > 	the law affords correspondingly exact protections."
    >
    > Taken in context with copyright law this declaration and other related
    > ones made by the same court suggests (at least to me, a non-lawyer) that
    > a copyright owner who has explicitly caused his or her work to be freely
    > and anonymously distributed (as is most certainly the case with a virus
    > or worm, etc.) has in fact explicitly given up on all rights to the
    > content of that work as a trade secret or other form of private
    > intellectual property.  I.e. as I say above the holder of any copy of
    > such code has become a legal owner of that copy and has every right to
    > read it, run it (so long as they don't as a result commit other offences
    > such as allowing it to propogate to unauthorised hosts), change it,
    > destroy it, etc.; just as you can do with a legally obtained copy of a
    > book.
    >
    > Furthermore under most copyright laws it is my opinion this would even
    > imply the owner has implicitly relinquished all right to control further
    > free and anonymous redistribution of the work (anonymous distribution
    > implies that further distribution cannot be detected or proven).
    >
    > Regardless of my latter point though the rules of "fair use" under
    > most(all?) copyright laws will still permit anyone in possession of a
    > legally obtained copy of the code (eg. one obtained directly from the
    > author or from his or her directly or indirectly authorised agents) to
    > analyze it and to publish the results of that analysis.
    >
    > --
    > 							Greg A. Woods
    >
    > +1 416 218-0098      VE3TCP      <gwoodsat_private>     <woodsat_private>
    > Planix, Inc. <woodsat_private>;   Secrets of the Weird <woodsat_private>
    



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