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Kent M Pitman  
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 More options 9 Jul 2003, 05:04
Newsgroups: comp.lang.lisp
From: Kent M Pitman <pit...@world.std.com>
Date: 09 Jul 2003 00:02:51 -0400
Local: Wed 9 Jul 2003 05:02
Subject: Re: Is Onlisp public domain?

David Steuber <david.steu...@verizon.net> writes:
> Kent M Pitman <pit...@world.std.com> writes:

> > Any work that is properly registered prior to the infringement is entitled
> > to both statutory damages AND recovery of lawyer's fees, so the cost of the
> > lawyers is usually irrelevant.  I'm told that it's not hard to find someone
> > who will prosecute these things on contingency since the law specifically
> > asserts that fees are recoverable.  So assuming that you can only infringe
> > on authors with not too much money is a bad plan.

> > I'd guess that formally published works are usually properly registered.

> I was under the impression that with 1976 copyright law, you didn't
> have to register anything.  As a creator of a work, you would
> implicitly hold copyright until fifty years after your death.

If you are on file with the copyright office, you can claim statutory
damages.  That is, there is a statute-defined amount (which is large)
that you can simply claim without showing actual damages.  You can also
recover lawyer's fees.  If you are not on file with the copyright office,
you still have a copyright but you may only be able to get a cease and
desist order + actual damages and you probably won't get lawyer's fees.
Or so I understand.

> Mind you, I haven't taken the time to read all of Title 17.

Heh. It's very approachable, btw.  Compared to many topics.

I also recommend the Gilbert series of audio study tapes for law school
final exams.  I found the tapes on Copyright and Contracts useful for me
in my work.  The Evidence and Criminal Procedure ones are great prep for
really appreciating Perry Mason.  

> Copyright law questions might want to be asked elsewhere.  I imagine
> that when it comes to works that are available on the Internet, things
> get really complex as geopolitical boundries are crossed.

For sure, although there is, by treaty, a lot of commonality, too.

Then again, if you're doing something that can be abused in a multinational
setting, expect someont to arrange for something to happen that will
result in you being sued under the least favorable set of laws... So
whatever you learn, just keep chanting "it's at least this bad, maybe worse".


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