copyright howto (was: none)

[Jens Ritter <jens@weh.weh.rwth-aachen.de>]

"Richard E. Hawkins Esq." <hawk@eyry.econ.iastate.edu> writes:

> >> _4._ Big disclaimer, as we are not lawyers. :-)
> 
> >This is of course good...and probably necissary (I have often wondered
> >if such disclaimers are really needed or just the result of peoples misguided 
> >paranoia)
> 
> It's not *enough* of a disclaimer.  It should go on to include that "this is 
> not legal advise".  Offer legal advise, and you're held to the standard of a 
> lawyer.  That you did it for free is not any type of defense.

This disclaimer sure has to be included, too.

> While I understand tand applaud the ideas and goals, being a lawyer myself, 
> there's no way I'll touch such a project--it's a liablity problem waiting to 
> happen.
> 
> Generally, and recognise that this is not legal advise, and that I'm probably 
> not licensed in your jurisdiction anywaay, explaining what the law *is* isn't 
> legal advise, and wouldn't (usually) be actionable if incorrect.  Explain how 
> to do a specific thing, and you're a lot closer.  Apply it to a particular 
> person's situation, and you're all the way on the hooks--the person you 
> explainded it too, for free, and the DA, for practicing without a license.

(BTW what´s DA?) 
Can you get around this hanging sword above ones head, by expressing ones
opinion?

You can at least get around to be sued because of offence (or insult),
by expressing your opinion:
If you say "This boy is an a**hole!", you sure commit an offence. 
If you say "I think he behaves like an a**hole!", you express your
opinion and get around.

But this sure depends on good wording and might have to stand in
court. 

I think it´s at least worth while to collect some (meta-)information
in a copyright howto.   
 
> This is reall a job that needs a lawyer with a *big* E&O (malpractice) policy. 
>  Not just for the possibility of mistakes, but because it is expensive to be 
> sued when write.

Well at least I won´t get around to consult one, when I want to
publish.

Jens

P.S.: Some more interesting readings:

http://www.debian.org/intro/free.html
http://lcweb.loc.gov/copyright/
http://cerebalaw.com/berne.htm

---
Jens.Ritter@weh.rwth-aachen.de   grimaldi@debian.org
Key ID: 2048/E451C639 Jens Ritter
Key fingerprint: 5F 3D 43 1E 24 1E CC 48  1E 05 93 3A A7 10 73 37 


--
To UNSUBSCRIBE, email to debian-user-request@lists.debian.org
with a subject of "unsubscribe". Trouble? Contact listmaster@lists.debian.org