Re: Implied vs. explicit copyright

2003-07-26 Thread Thomas Bushnell, BSG
Scott James Remnant <[EMAIL PROTECTED]> writes: > I mentioned this thread to my solicitor earlier, just out of pure > interest, and he was on the opinion that as "(c)" or "(C)" are the most > common, not to mention closest, representation of the symbol in computer > source code that any sane judge

Re: Implied vs. explicit copyright

2003-07-26 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] (Brian T. Sniffen) writes: > And, despite what you've been arguing against, > > * Copyright (c) 2003 Sample Author I have not been arguing against this. Adding extra stuff is fine, provided it doesn't materially impede clarity, and this of course doesn't impede clarity. I'm a

Re: Implied vs. explicit copyright

2003-07-26 Thread Thomas Bushnell, BSG
Andrew Suffield <[EMAIL PROTECTED]> writes: > "(c)" is the closest you can get to circle-C in one-dimensional ASCII > text. It's a pretty close reproduction of the symbol. Except given that you *can* say "Copyright" exactly, and given that they amended the statute just to provide for things that

Re: Implied vs. explicit copyright

2003-07-26 Thread Thomas Bushnell, BSG
Andrew Suffield <[EMAIL PROTECTED]> writes: > They are generally interpreted as having different implications; > "must" is a far stronger term. Not in American law.

Re: Implied vs. explicit copyright

2003-07-24 Thread Scott James Remnant
On Thu, 2003-07-24 at 16:04, Richard Braakman wrote: > On Thu, Jul 24, 2003 at 03:43:19PM +0200, Henning Makholm wrote: > > [...] I still think it would be hard for the defendant to > > convince a court that he was ignorant of the *de facto* convention > > that people put "(c)" in computer program

Re: Implied vs. explicit copyright

2003-07-24 Thread Richard Braakman
On Thu, Jul 24, 2003 at 03:43:19PM +0200, Henning Makholm wrote: > [...] I still think it would be hard for the defendant to > convince a court that he was ignorant of the *de facto* convention > that people put "(c)" in computer programs to assert their copyright. Actually, the convention is "Cop

Re: Implied vs. explicit copyright

2003-07-24 Thread Henning Makholm
Scripsit Joel Baker <[EMAIL PROTECTED]> > Even if I'm right, "fairly close" does not necessarily mean "identical", > and, frankly, I think the whole thing is getting a bit silly. Having (c) in > there might, or might not, be considered "circle in a C" if you have only > ASCII to work with, by some

Re: Implied vs. explicit copyright

2003-07-23 Thread Andrew Suffield
On Wed, Jul 23, 2003 at 09:26:32PM +0200, Arnoud Galactus Engelfriet wrote: > > > If the law says something shall consist of certain things, then > > > there is no reason to assume that something else may also > > > qualify. Only the notice as given in this section allows you > > > to get the effec

Re: Implied vs. explicit copyright

2003-07-23 Thread Joel Baker
On Wed, Jul 23, 2003 at 07:55:09PM +0100, Andrew Suffield wrote: > On Wed, Jul 23, 2003 at 06:11:08PM +0200, Arnoud Galactus Engelfriet wrote: > > > > I believe that SHALL and MUST are equivalent in meaning in English. > > But technically you're right, it doesn't say "must". > > They are generall

Re: Implied vs. explicit copyright

2003-07-23 Thread Arnoud Galactus Engelfriet
Hi, Andrew Suffield wrote: > On Wed, Jul 23, 2003 at 06:11:08PM +0200, Arnoud Galactus Engelfriet wrote: > > If a notice appears on the copies, it shall consist of the > > following three elements: > > > > I believe that SHALL and MUST are equivalent in meaning in English. > > But technical

Re: Implied vs. explicit copyright

2003-07-23 Thread Andrew Suffield
On Wed, Jul 23, 2003 at 06:11:08PM +0200, Arnoud Galactus Engelfriet wrote: > Andrew Suffield wrote: > > On Tue, Jul 22, 2003 at 10:38:10AM +0200, Arnoud Galactus Engelfriet wrote: > > > That says that you MAY include a coypright notice as defined in > > > section 401(b). If you choose to do so, th

Re: Implied vs. explicit copyright

2003-07-23 Thread Arnoud Galactus Engelfriet
Andrew Suffield wrote: > On Tue, Jul 22, 2003 at 10:38:10AM +0200, Arnoud Galactus Engelfriet wrote: > > That says that you MAY include a coypright notice as defined in > > section 401(b). If you choose to do so, then it MUST be > > > > You're doing it too. I see no "MUST" anywhere in section 40

Re: Implied vs. explicit copyright

2003-07-22 Thread Andrew Suffield
On Tue, Jul 22, 2003 at 10:38:10AM +0200, Arnoud Galactus Engelfriet wrote: > Andrew Suffield wrote: > > Actually the real law says "may" and "shall". The "must" part is > > another invention of the US Copyright Office. > > > > (Title 17, Chapter 4, Section 401 (a) and (b)) > > That says that you

Re: Implied vs. explicit copyright

2003-07-22 Thread Brian T. Sniffen
[EMAIL PROTECTED] (Thomas Bushnell, BSG) writes: > Andrew Suffield <[EMAIL PROTECTED]> writes: > >> This is a plausible argument. You should know by now that plausible >> arguments do not form a basis in law; rather, it is merely the >> position put forth by the counsel for the defence. Kindly ref

Re: Implied vs. explicit copyright

2003-07-22 Thread Arnoud Galactus Engelfriet
Andrew Suffield wrote: > Actually the real law says "may" and "shall". The "must" part is > another invention of the US Copyright Office. > > (Title 17, Chapter 4, Section 401 (a) and (b)) That says that you MAY include a coypright notice as defined in section 401(b). If you choose to do so, then

Re: Implied vs. explicit copyright

2003-07-22 Thread Andrew Suffield
On Tue, Jul 22, 2003 at 12:16:10AM -0700, Thomas Bushnell, BSG wrote: > Andrew Suffield <[EMAIL PROTECTED]> writes: > > > This is a plausible argument. You should know by now that plausible > > arguments do not form a basis in law; rather, it is merely the > > position put forth by the counsel for

Re: Implied vs. explicit copyright

2003-07-22 Thread Thomas Bushnell, BSG
Andrew Suffield <[EMAIL PROTECTED]> writes: > This is a plausible argument. You should know by now that plausible > arguments do not form a basis in law; rather, it is merely the > position put forth by the counsel for the defence. Kindly refrain from > treating it as anything else. Oh, puhleez.

Re: Implied vs. explicit copyright

2003-07-21 Thread Andrew Suffield
On Mon, Jul 21, 2003 at 05:42:20PM -0700, Thomas Bushnell, BSG wrote: > Andrew Suffield <[EMAIL PROTECTED]> writes: > > > So in brief, there is no basis in law for the statement that "(c) is > > not valid as a notice of copyright". > > Sure there is. The law says that the following are the only

Re: Implied vs. explicit copyright

2003-07-21 Thread Thomas Bushnell, BSG
Andrew Suffield <[EMAIL PROTECTED]> writes: > So in brief, there is no basis in law for the statement that "(c) is > not valid as a notice of copyright". Sure there is. The law says that the following are the only valid things: C in a circle The word "Copyright". The abbreviation "Copr." The l

Re: Implied vs. explicit copyright

2003-07-21 Thread Andrew Suffield
On Mon, Jul 21, 2003 at 04:12:28PM -0700, Thomas Bushnell, BSG wrote: > So more to the point: there are many many references which say > "c-in-parens doesn't count" None of which are legally significant. > there is a reference which says what does > count, and it doesn't include c-in-parens, and

Re: Implied vs. explicit copyright

2003-07-21 Thread Thomas Bushnell, BSG
Don Armstrong <[EMAIL PROTECTED]> writes: > On Mon, 21 Jul 2003, Thomas Bushnell, BSG wrote: > > That's a nonofficial source. But a brief web search will show you > > that the same thing is repeated a gillion times. > > Everything I've read so far has claimed that (c) has no force of law, > wher

Re: Implied vs. explicit copyright

2003-07-21 Thread Don Armstrong
[NB: I'm subscribed... don't need to be CC'ed.] On Mon, 21 Jul 2003, Thomas Bushnell, BSG wrote: > In general, such claims don't work, because of the whole point of the > statement: to have a single, unambiguous, bright-line test for what > is a valid copyright notice, so that no interpretation, g

Re: Implied vs. explicit copyright

2003-07-21 Thread Don Armstrong
On Mon, 21 Jul 2003, Thomas Bushnell, BSG wrote: > That's a nonofficial source. But a brief web search will show you > that the same thing is repeated a gillion times. Everything I've read so far has claimed that (c) has no force of law, whereas c-in-a-circle does. However, I'm unaware of a court

Re: Implied vs. explicit copyright

2003-07-21 Thread Thomas Bushnell, BSG
Andrew Suffield <[EMAIL PROTECTED]> writes: > On Mon, Jul 21, 2003 at 11:28:56AM -0700, Thomas Bushnell, BSG wrote: > > The "(c)" version does *not* count as a C-in-a-circle, > > so it's just meaningless extra stuff. > > Precedent and jurisdiction, please. A trivial web search brought up: http:/

Re: Implied vs. explicit copyright

2003-07-21 Thread Andrew Suffield
On Mon, Jul 21, 2003 at 11:28:56AM -0700, Thomas Bushnell, BSG wrote: > The "(c)" version does *not* count as a C-in-a-circle, > so it's just meaningless extra stuff. Precedent and jurisdiction, please. -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' : http://www.debian.org/ | `. `'

Re: Implied vs. explicit copyright

2003-07-21 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] (Brian T. Sniffen) writes: > [EMAIL PROTECTED] (Thomas Bushnell, BSG) writes: > > > Drew Scott Daniels <[EMAIL PROTECTED]> writes: > > > >> Is the an implied copyright notification (I.e. "code added by person") > >> sufficient in the debian/copyright or is it necessary to say >

Re: Implied vs. explicit copyright

2003-07-18 Thread Brian T. Sniffen
[EMAIL PROTECTED] (Thomas Bushnell, BSG) writes: > Drew Scott Daniels <[EMAIL PROTECTED]> writes: > >> Is the an implied copyright notification (I.e. "code added by person") >> sufficient in the debian/copyright or is it necessary to say >> explicitly say "year copyright person"? > > There is no s

Re: Implied vs. explicit copyright

2003-07-17 Thread Thomas Bushnell, BSG
Drew Scott Daniels <[EMAIL PROTECTED]> writes: > Is the an implied copyright notification (I.e. "code added by person") > sufficient in the debian/copyright or is it necessary to say > explicitly say "year copyright person"? There is no such thing as "implied copyright". But that doesn't reall

Implied vs. explicit copyright

2003-07-16 Thread Drew Scott Daniels
Is the an implied copyright notification (I.e. "code added by person") sufficient in the debian/copyright or is it necessary to say explicitly say "year copyright person"? Upstream explicitly states "year copyright person". Iirc, I read somewhere that (c) is not the same as the copyright simple a