> On July 9, 2016 at 4:26 PM Wolf <w...@wlenerz.com> wrote:
>
>
> Hi,
>
>
> > Entering the sordid topic of coin, it is difficult to imagine that it would
> > profit any originator of a QL program to seek recompense from the courts for
> > infringement of copyright. Consider the value of past sales, future possible
> > sales, and legal costs. The case would have to be based on the miss-selling
> > of a number of programs to create a sufficiently large claim.
>
> Think:
>
> - statutory damages
> - punitive damages
>
> depending on where you sue...
>
> OK, 'nuff said on that subject.
> Wolfgang
> _______________________________________________
> QL-Users Mailing List
 
 
Copyright exists as soon as someone creates an item.  They are the owner of the
rights to that item - be it a physical item, some program code, a painting or
even a turn of phrase (this is why it has been generally referred to in
legislation as intellectual property).
 
Many people originally proved copyright by posting a copy of an item to
themselves, so that it is dated by a third party in a sealed envelope - just in
case they ever needed to prove that they created the item before someone else.
 
There used to be some countries which demanded registration of copyright but
since countries signed up to the Berne convention, they all agreed to do away
with this, but most countries retain the ability to voluntarily register
copyright if you wish (similar to posting a copy to yourself).
 
As for ever bringing court action - most countries will actually prosecute the
person on your behalf, as it is seen as a criminal offence under international
law; so there is no question of cost for the copyright holder.

Does QL software have copyright messages?  The answer is a resounding YES - out
of all the stuff I have preserved, there is probably less than 5% which has no
statement in the code as to copyright, or who wrote the program.  It is
generally clearly stipulated in the boot program, loading screen, manual or the
code itself.

As to what you do with the stuff which has nothing to indicate copyright - who
knows what the intention of the author was....  It could have been donated to
the Quanta library, in which case, the terms of their constitution stipulate
that the library was available to members only.  It could have been a program
which appeared in QL World / QL User - which paid for the program listings, so
the rights may well have been transferred to the magazine publisher (all
depending on the terms of the submission and who the publisher was at the time).
 
 
Rich Mellor
RWAP Software
www.rwapsoftware.co.uk
www.sellmyretro.com
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