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Re: RFS: xmms-musepack - input plugin for playing mpc music files.



On Tue, 2005-09-13 at 09:13 +0200, Patryk Cisek wrote:

> > The list of publication years is essential (since copyright is
> > theoretically not held forever). In a copyright notice, the word
> > "Copyright", the abbreviation "Copr.", and the "©" copyright symbol
> > are all interchangeable; but the sequence '(C)' is legally null, so
> > use the proper symbol instead.

This isn't so at all. The author of the text has copyright
over it automatically, whether or not it is annotated
with a copyright notice. The provision of the notice
is simply a way of making it explicit that the 
licence *releasing* the constraints of copyright
are being made by the actual holders of the copyright:
such notices have no legal standing, however: at best
they might help a plaintiff being sued for breach of
copyright to say that it appeared they had permission
via what appeared to be a unilateral grant of release
by the legitimate holder of the copyright.

In such a contest, the complainant would need to
establish that they hold the copyright, and the defendant
would need to establish the legitimate copyright 
holder provided them a licence. The complainant
would lose if they could not demonstrate ownership.
If they did so demonstrate, they'd probably also be able to debunk
any claim of the defendant that a license was
granted *by them* and therefore the defendant would
at best be able to plea for leniency on the basis
they acted in good faith (someone else stole the text and added
a permission not granted by the legitimate owner,
fooling the defendant).

None of this has anything to do with (c) or any other
symbol or words appearing in copyright notices;
such notices are NOT required for copyright to hold,
nor for it to be released.

This is just information to aid a potential copier,
as to whether they're breaching copyright, or whether
perhaps they might have permission to copy by grant
of licence. Even if they think they do .. the onus
is still on them to establish who the actual
copyright holder is, and to verify this permission,
in such a way that they believe they could convince
a Court of Law, if they think they're likely to be
prosecuted.

Actually the real problem is not convincing a Court,
since you're not going to be prosecuted! The problem
is convincing your *clients* that *they* will
not be prosecuted. For example .. if someone is sued
it is likely to be Debian, or the Debian ftp-master.
So you have to do what they want .. even if it isn't
necessary, correct, or sensible.. :)

-- 
John Skaller <skaller at users dot sourceforge dot net>

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