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Re: Maintainers Guide



Scripsit Anthony DeRobertis <anthony@derobert.net>

> The year really should be included. At least in the US, not having a
> year in the notice appears to make the notice worthless. Quoting Title
> 17 USC Sec. 401(b):

Only for some pretty strange values of "worthless". AFAIU the only
legal effect of the notice requirements you cite is as defined by
subsection (d): if a compliant notice is present, a defendant is
excluded from the defense that he did not understand that the work was
copyrighted.

A non-compliant notice still leaves the plaintiff in a copyright
infringement suit the option of arguing that the defendant did in fact
know that the work was subject to copyright. The only difference is
that the defendant gets to try to convince the court that he did not
recognize the notice as an assertion that copyright exists.

-- 
Henning Makholm                                    "*Vi vil ha wienerbrød!*"



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