On Mon, Feb 26, 2001 at 02:45:16PM -0700, John Galt wrote: > On Mon, 26 Feb 2001, Sam TH wrote: > > >On Mon, Feb 26, 2001 at 01:42:53PM -0700, John Galt wrote: > >> On Mon, 26 Feb 2001, Sam TH wrote: > >> > > >> >Second, Perl was released in the mid-80s. The current copyright law > >> >is ten years older than that. I don't know exactly when the AL was > >> >written, but this would suggest that it postdates the Copyright Act of > >> >1976. > >> > >> The "copyright by definition" is codified in Berne and the DMCA. Think > >> 1990 rather than 1970... > > > >1. The Berne Convention and the DMCA are not related. The DMCA is > >actually an overzealous implementation of a different treaty, the WIPO > >Copyright treaty, passed in 1996. See > >http://www.wipo.org/treaties/ip/copyright/copyright.html > > > >The Berne Convention was last amended in 1979. See > >http://www.wipo.org/eng/general/copyrght/bern.htm > ^^^^^^^^^^^^ > Unrelated? Yet at the same URL.... WIPO manages UDRP as well, but that has nothing to do with either. > > >2. Default copyright was established both in the Copyright Act of 1976 > >and the Berne Convention Implementation Act of 1988. The relevant > ^^^^ > When did you say perl came in to the scene? > 1987. But as was pointed out in a different mail to you, default copyright actually began before that. And if you read the section I pointed you to, it also talks about default copyright for works created *before the BCIA in 1988. Furthermore, when the license was published is irrelevant, remember? > >sections of the US Code are 17 USC 401 et. seq. I encourage you to > >read them. > > http://www4.law.cornell.edu/uscode/17/ > > If you aren't going to provide the URL, I will... > > BTW, look at 17 USC 411a > > (a) Except for an action brought for a violation of the rights of > the author under section 106A(a), and subject to the provisions of > subsection (b), no action for infringement of the copyright in any > United States work shall be instituted until registration of the > copyright claim has been made in accordance with this title. > > Looks like the "copyright by definition" still has a few bugs to work > out... > Well, in order to bring a case of copyright infringement, the work must be registered. However, this can be done well *after* the work is published. In fact, it is often the first step in bringing infringement proceedings. > Just for clarity 17 USC 106A is about attribution of works... And this is relevant how? sam th sam@uchicago.edu http://www.abisource.com/~sam/ GnuPG Key: http://www.abisource.com/~sam/key
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