Copyright Licenses and Assignments (BitLaw)

Jim Choate ravage at ssz.com
Sat Aug 4 06:58:23 PDT 2001


Some specific info on 'implied' copyright.

http://www.bitlaw.com/copyright/license.html

The best that Declan can hope for is a 'non-exclusive' copyright, but even
that would require an exchange (ie a meeting of minds) between the two
parties. However, that won't fly since, as an operator of at least one of
the nodes, the policy is that you as the original author release no rights
by participating in the CDR itself, implied or otherwise - which I've stated
many times (check the archives). So the 'implied' contract perspective falls
down because one of the parties involved has EXPLICITLY made known the
conditions of use. That over-rides ANY implied anything. Further, by the
other nodes agreeing not to modify backbone traffic they have explicitly
agreed to this for all parties NOT SUBSCRIBED TO THEIR NODE.

What we do have is a EXPRESS LICENSE between node operators. And then a
(potentialy) implied (unless they print a policy on a webpage like SSZ does)
contract between subscriber and node operator.

The CDR is NOT(!!!!!!) Usenet, even if we are distributed over several
nodes.


-- 

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                Nature and Nature's laws lay hid in night:
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                                          B.A. Behrend

       The Armadillo Group       ,::////;::-.          James Choate
       Austin, Tx               /:'///// ``::>/|/      ravage at ssz.com
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