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

From: Joe Shaw (jshawat_private)
Date: Thu Jul 26 2001 - 21:24:45 PDT

  • Next message: Don Papp: "10 Big Myths about Copyright (especially as pertains to Internet Publication)"

    > You might want to check:
    >
    > http://www.weblawresources.com/copyright_art.htm
    >
    > This block quote reproduced under the rights of "fair use:"
    
    I'm sorry for the confusion, as I contradicted myself.  A work may be
    protected without registering the copyright, but according to US
    Copyright law, you cannot pursue statutory damages unless you've taken the
    time to register.  According to the URL you posted and the one I
    originally referenced at the Library of Congress both agree on this.  In
    the event of an infringement against a copyright without registration, you
    are limited to only the actual damages you can prove you incurred.
    
    With exploit code, I'm assuming it would be hard to show true damage
    incurred upon the author, unless the author is selling said source code,
    which could possibly incur some liability of it's own if the code is being
    used to compromise systems.
    
    From your own URL (http://www.weblawresources.com/copyright_art.htm):
    
    "Why do I need to file a copyright application? You might be asking
    yourself, all right, so you say that copyrights do not require a formal
    copyright application. So why should I bother? The primary reason is your
    ability to leverage someone who has ripped off your site. If you have
    filed a copyright application within 90 days after first publication or
    prior to any infringement, you are eligible to elect statutory damages and
    receive attorney fees from the infringing party. If not, you will be
    limited to receiving your actual damages. Statutory damages can be awarded
    even if your actual damages are minimal. Statutory damages can run as high
    as $25,000.00 and $100,000.00 if the infringement was willful. When
    combined with an attorney fee award, this gives you strong ammunition
    against a potentially infringing party. But you need to make a timely
    copyright application in order to secure these rights."
    
    So, without registering the copyright, I would suspect an exploit code
    writer would have very little recourse in a court of law in the event his
    copyright is infringed upon.
    
    Regards,
    --
    Joseph W. Shaw II
    Network Security Specialist/CCNA
    Unemployed.  Will hack for food.  God Bless.
    Apparently I'm overqualified but undereducated to be employed.
    



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