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Tom,
I agree, but of course, I no lawyer either but I have talked with them a lot
over the years. I'm not sure what the standard is for code that is written,
has the copyright notice embedded in it, is not registered with the
copyright office, and then is published in a magazine or on-line. Certainly
most printed periodicals, such as the old Midrange magazine, Q38 and
News/3x/400 actually copyrighted for their work and paid the $10 (now $20)
to register it. But does that mean the article or more precisely the code is
copyrighted too? Yes it is as a part of that magazine, but in and of itself?
No.  Is it "fair use" if someone then uses that code? Well in 99.9 of the
instances, I think the author indicates that you can use this code. But I
think the idea is that you don't use it verbatim, that is unchanged, and try
to sell it to someone, but without adding your own copyright registration,
since it is part of a larger work, that's probably not enforceable. But who
know. I'm not sure but I don't think you can arbitrarily say "I copyright
this code, hereby place it into the public domain, provided you follow my
personal guidelines". You either place it into the public domain or you
don't, just because you said "Include my T&C's with it" I don't think that
it matters. But what do I know.


Bob Cozzi
Cozzi Consulting
www.rpgiv.com

-----Original Message-----
From: rpg400-l-bounces@xxxxxxxxxxxx [mailto:rpg400-l-bounces@xxxxxxxxxxxx]
On Behalf Of Qsrvbas
Sent: Friday, June 13, 2003 1:30 AM
To: rpg400-l@xxxxxxxxxxxx
Subject: Copyrights (was Re: strsep sourc)

rpg400-l-request@xxxxxxxxxxxx wrote:

>  10. Re: strsep sourc (Buck)
>
>Scott's comments about derivative works comes from the idea that you can't
>copy pages from my copyrighted math textbook, publish it with a new cover
>and call it your own.
>

What bothers me about all of this is the "standard practice" of using 
copyrighted programs that (nearly?) all of us have done... E.g., we see 
a copyrighted article in a trade magazine that provides an example 
template for "Work with..." functions and think nothing of using it more 
or less directly as the basis for every "Work with..." function we ever 
write. Downloadable code is usually available too, now that telecomm is 
everywhere.

Technically, that's a possible copyright violation and I challenge 
anybody to prove that a lawyer _couldn't_ convince a court of it. But 
it's common practice. It's been so common for so long that the entire 
concept of copying _published_ code for inclusion in applications calls 
into question the validity of enforcing copyrights once the code is 
widely published.

How is it possible to know when a copyright is "serious"? (I don't know 
a better word for this.)

Tom Liotta


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