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Topic: Software Copyright

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Copyright law

Copyright infringement of software

Copyright law of the United Kingdom

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	Permissible Copying of Software
		Only copyright protected software is subject to restrictions on its use, but since a copyright symbol or statement of copyright ownership is no longer required by law as a condition of protection, one cannot safely assume from the absence of such notice that it is permissible to copy the software.
		11 The copyright owner has the right to try to prove what his or her actual damages are and collect that amount12 or may elect to receive the damages authorized by statute ("statutory damages") in lieu of actual damages.
		Copyright rights in software are rarely sold to end users like tangible property; they exist in the copyright owner, not in the individual tangible copies of the software.
	www.utsystem.edu /ogc/intellectualproperty/mono2.htm (1916 words)

	GigaLaw.com: A Software Copyright Primer (Site not responding. Last check: 2007-10-08)
		Software is usually considered "published" when it is offered for sale to the public on an unrestricted basis, while software that is never licensed and software licensed in a limited fashion is usually considered unpublished.
		Simply, a "work for hire" is a work (such as a software program) that is either (1) created by an employee as part of his or her duties, or (2) specially commissioned as a work for hire by a contract signed before the work commences.
		Software is usually filed using a form TX, and a single application can encompass all the copyrightable elements of the work, provided that all the elements are either unpublished or published as a single work.
	www.gigalaw.com /articles/2000-all/hollander-2000-02-all.html (1556 words)

	UF Software Copyright Information * Training (Site not responding. Last check: 2007-10-08)
		Copyright law allows copying of copyrighted material for "fair use," nonprofit, educational purposes (without obtaining prior permission), but this copying is limited to a small part of a work and cannot include the "essence" or central part of the work.
		Other educational materials including, "Software Use and the Law," a brochure detailing the copyright law and how software should be used by educational institutions, corporations and individuals; and several posters to help emphasize the message that unauthorized copying of software is illegal.
		The "Software Rental Amendments Act" was passed in 1990 to prohibit the rental, leasing, or lending of commercial software without the express permission of the copyright holder.
	pirate.ifas.ufl.edu /TRAINING.HTM (7713 words)

	The Software Copyright Directive and the Internet
		Two widely debated software copyright questions have been the focus of much discussion in recent years, but should not be further complicated by the advent of the information society.
		Although a Member State cannot impound the software at the border, as they could with a hard copy, the user's action of saving the copy from his or her download would involve reproduction of an infringing work and would be covered by the exclusive grant of right in Article 4(a).
		Given that the prevailing form of copying is corporate "over-use"of software and that the suppliers of infringing software to individuals, prior to the advent of cross-jurisdictional networks, needed actors within the E.C. to distribute their works,[166 ] there was little need to address remedies to non-commercial individual infringers.
	www.jeanmonnetprogram.org /papers/96/9608ind.html (13540 words)

	Copyright Law Center - Software Copyright Issues
		At its heart, copyright law was enacted to prohibit the unauthorized copying and distribution of works protected by copyright law.
		Copyright protection follows from the time the work is created in fixed form.
		While copyright protection exists from the time the expression of the work becomes created, you cannot pursue a claim for copyright infringement unless you have registered the work with the US Copyright Office.
	www.copyright-laws.com /pgs/software.html (626 words)

	Medical Library Association: Copyright, Lending Software Position Statement
		The Medical Library Association (MLA) supports the position of the Copyright Software Rental Amendments Act of 1990, which holds that libraries in not-for-profit health sciences institutions may lend software for not-for-profit purposes without securing the permission of the copyright owner as long as a prescribed "warning of copyright" is affixed to the software packaging.
		To control the subsequent rental and potentially illegal copying of software, many software producers have attempted to restrict software use through licensing agreements in the form of a message that is shrink-wrapped with the software.
		One suggestion that seeks to avoid ambiguous interpretations of the licensing agreements is for purchase orders for computer software to include a statement indicating that the software is for library clients' use and is being purchased with the intent to circulate it.
	www.mlanet.org /government/positions/software.html (1072 words)

	GNU General Public License - GNU Project - Free Software Foundation (FSF)
		Copyright (C) 1989, 1991 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
		If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
		Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
	www.gnu.org /copyleft/gpl.html (2670 words)

	General information about copyrights (Site not responding. Last check: 2007-10-08)
		The reason for this is that for any copyright registration application there is the requirement that the applicant deposit a copy of the work with the Copyright Office; the deposit becomes available to the public.
		A proper copyright notice is (1) the C in a circle symbol (©) or the word "copyright" or the abbreviation "Copr.", (2) the copyright date, and (3) the name of the copyright owner.
		Under the 1978 Act and under the associated copyright rules that have been promulgated by the Copyright Office, it is possible for the author of computer software simultaneously to assert trade secrets in the source code, and to assert copyright rights in the source code (and in executable code).
	www.patents.com /copyrigh.htm (4033 words)

	Copyright in Software (Site not responding. Last check: 2007-10-08)
		Copyright encourages the creative efforts of authors, artists, and others by securing the exclusive right to reproduce works and derive income from them.
		Copyright in works of regular employees are presumed to be owned by their employers.
		Freelance software authors and artists, in particular, need to think very carefully about what they may give up in assigning copyright in commissioned works or permitting them to be regarded as for hire.
	www.fplc.edu /tfield/copysof.htm (2401 words)

	Copyright Website - Software
		However, for all that help, and for all of the unoriginality of the program, copyright law vests in me the right to dictate to the world how this program shall be sent into the world and under what conditions it may be used by whom.
		The Shareware model is a "try before you buy on the honor system" scheme in which copyrighted software is released with the proviso that if the receipeint find the software of use, then the recipient will pay the producer of the software a license fee.
		However, the software producer is free to forego his copyrights and grant the software to the Public Domain.
	www.benedict.com /digital/Software/Software.aspx (720 words)

	W3C IPR SOFTWARE NOTICE (Site not responding. Last check: 2007-10-08)
		The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission.
		This version ensures that W3C software licensing terms are no more restrictive than GPL and consequently W3C software may be distributed in GPL packages.
		Copyright FAQ for common questions about using materials from our site, including specific terms and conditions for packages like libwww, Amaya, and Jigsaw.
	www.w3.org /Consortium/Legal/copyright-software-19980720 (423 words)

	Privacy Policy
		Similarly, Panda Software will not be held liable for damages incurred by the user in the event of the impossibility of offering the service subject to the present general agreement conditions due to accident, force majeure or other causes not attributable to Panda Software.
		Panda Software cannot control how the User utilizes the information or content offered on this website and will therefore not be held responsible for deeds, acts or damages, whether direct or indirect, suffered by the User or third-parties which could be the consequence or arise from the use of said information or content.
		However, Panda Software shall not be held responsible in the event that the aforementioned delivery period is exceeded due to force majeure, accident or due to the actions of third parties.
	www.pandasoftware.com /about/legalnotice (3971 words)

	6.805/STS085: Software and copyright law
		Thus, to analyze copyrightability in terms of "structure" is ambiguous, and to identify structure with "sequence" and "organization", as the Whelan Court had done, is fallacious.
		This was a complex decision in which the copyright infringement claims for the various elements of the desktop were thrown out on a variety of grounds.
		One important basis for the ruling was the court's finding that the appropriate standard to apply was whether the two GUI presentations were "virtually identical," whereas Apple had argued that the appropriate standard was "substantial similarity." The decision of the lower court was upheld by the 9th Circuit in 1994.
	www.swiss.ai.mit.edu /6805/articles/int-prop/software-copyright.html (1821 words)

	RJL Software - Copyright (Site not responding. Last check: 2007-10-08)
		RJL Software reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.
		All trademarks, software marks, and trade names (collectively the "Marks") are proprietary to RJL Software or other respective owners that have granted RJL Software the right and license to use such Marks.
		Any software that is made available to download from this server ("Software") is the copyrighted work of RJL Software and/or its suppliers.
	www.rjlsoftware.com /copyright.shtml (856 words)

	W3C Software License (Site not responding. Last check: 2007-10-08)
		This work (and included software, documentation such as READMEs, or other related items) is being provided by the copyright holders under the following license.
		W3C Software Short Notice should be included (hypertext is preferred, text is permitted) within the body of any redistributed or derivative code.
		This version removes the copyright ownership notice such that this license can be used with materials other than those owned by the W3C, reflects that ERCIM is now a host of the W3C, includes references to this specific dated version of the license, and removes the ambiguous grant of "use".
	www.w3.org /Consortium/Legal/copyright-software.html (424 words)

	Why Software Should Not Have Owners - GNU Project - Free Software Foundation (FSF)
		Copyright fit in well with this technology because it restricted only the mass producers of copies.
		Copyright does reward authors somewhat, and publishers more, but that is intended as a means of modifying their behavior.
		The Free Software Foundation (FSF), a tax-exempt charity for free software development, raises funds by selling GNU CD-ROMs, T-shirts, manuals, and deluxe distributions, (all of which users are free to copy and change), as well as from donations.
	www.gnu.org /philosophy/why-free.html (1987 words)

	Course Technology--InfoWeb: Copyright and Software Law
		Software copyright law is the focus of an ongoing discussion among American legal experts, law makers, software publishers, and consumers' rights advocacy groups.
		For "plain speak" information on the difference between copyrighted, licensed, shareware, and public domain software connect to The Copyright Website at www.benedict.com.
		Software Written in plain English that just about anyone can understand, this Web page from Cerebalaw (http://www.cerebalaw.com/welcome.html) includes discussions of shrinkwrap license, the legal concept of "software as a tool," and software warranties.
	www.cciw.com /content/copyright.html (322 words)

	Lycos Terms And Conditions
		Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Lycos or the party from whom such software may be licensed.
		The Sonique Software is copyright (c) 1998-2000 Lycos, Inc. You may not modify, disassemble, decompile, reverse engineer, derive the source code of, or create derivative works from the Sonique Software, and you may not copy, distribute, publicly display, or publicly perform the Sonique Software except as expressly authorized by these Terms and Conditions.
		By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders.
	info.lycos.com /legal/legal.asp (10906 words)

	CIM \| Part 12. Specific Applications: Computer Software and Courseware (Site not responding. Last check: 2007-10-08)
		Section 117 of the Copyright Act, "Limitations on exclusive rights: Computer programs," permits the owner of a computer program to make another copy or adaptation of the program for archival (backup) purposes.
		Computer programs may also be lent by nonprofit libraries under Section 109(b)(2) (also known as the "First Sale Doctrine"), providing a warning of copyright is affixed to the program (37 CFR §201.24, "Warning of copyright for software lending by nonprofit libraries").
		Section 104(a)(2) of the DMCA required the U.S. Copyright Office and Department of Commerce to jointly evaluate the impact of the act on the operation of Sections 109 and 117 and submit a report to Congress.
	www.groton.k12.ct.us /mts/eg12.htm (439 words)

	Amazon.com: Copyright Your Software: Books: Stephen Fishman (Site not responding. Last check: 2007-10-08)
		I found it particularly disconcerting to find that once your software is published (made available for sale or download) that it is automatically protected by copyright even without obtaining an official copyright from the government.
		This was certainly one of if not the most enlightening chapter of the book for me and I would have logically liked to have had those distinctions made early so as to lay the foundation for all future topics.
		In addition to covering the basics of copyrights, you're shown how to sell copyrights, what to do in the event of infringement, and the limits of protection that a copyright affords you.
	www.amazon.com /exec/obidos/tg/detail/-/0873377192?v=glance (1281 words)

	Thunderstone: Home (Site not responding. Last check: 2007-10-08)
		Thunderstone Software LLC is an independent RandD company that has been providing high-performance state-of-the-art solutions to intelligent information retrieval and management problems for over 21 years.
		Thunderstone Software has higher market penetration amongst sites with more than 1,000,000 hits per day than any rival software company and more Internet searches are conducted daily by its software than any other available package.
		All information contained in this website is the copyrighted work of Thunderstone Software LLC or Expansion Programs International, Inc. and may not be copied, duplicated, or retransmitted in any manner without expressed written consent.
	www.thunderstone.com (165 words)

	Brown & Michaels - Copyright Information (Site not responding. Last check: 2007-10-08)
		Copyright Publications: A list of the most relevant free pamphlets from the Copyright Office
		Copyright Duration: How long does copyright last, and how can I tell if a work is in the public domain?
		His page on Copyright and the World Wide Web is particularly interesting.
	www.bpmlegal.com /copyrt.html (162 words)

	Free GIS and CAD Software
		Terragen Photorealistic Rendering Software - Terragen is a work-in-progress scenery generator for Windows 95/98/NT/2000.
		This is a great way to tap into a wealth of knowledge, collaborate with others, or simply hang out and "listen in" on some discussions.
		If your interested in providing a script, extension, freeware, shareware, free product demo or a product eval, we'd be glad to post your product here where it can be accessed by the Community.
	software.geocomm.com (829 words)

	UF Software Copyright Information, Home Page (Site not responding. Last check: 2007-10-08)
		If questioned about violated computer software copyright laws or license agreements, you must be able to prove that you tried to prevent illegal software usage by the people who report to you or to whom you provide computer access.
		Awareness and training materials are provided which you may use in your efforts to educate departmental personnel.
		UF Software Copyright Policy current as of May 12, 1994.
	pirate.ifas.ufl.edu (246 words)

	Sleepycat Software: Berkeley DB Database, Native XML Database, Native Java Database
		Sleepycat Software: Berkeley DB Database, Native XML Database, Native Java Database
		Margo Seltzer, founder and CTO of Sleepycat Software, provides a conceptual introduction, technical overview and programming examples for Berkeley DB.
		Jabber uses Berkeley DB in its instant messaging software.
	www.sleepycat.com (238 words)

	Update Software Ltd - Delivering information for healthcare decision making (Site not responding. Last check: 2007-10-08)
		At Update Software we specialise in assembling, preparing and disseminating information needed to make informed health care decisions.
		Based in Oxford, England, we have a strong international focus and have published regularly updated reviews of health care since 1988.
		This issue contains 142,683 records in the NRR Projects database collected up to September 2005 by Update Software.
	www.update-software.com (128 words)

	GoldMine Software Product Suite - FrontRange Solutions Customer Relationship Management Solution (Site not responding. Last check: 2007-10-08)
		From the creators of award winning GoldMine and HEAT software.
		GoldMine software helps you win and retain customers by putting valuable contact information at your fingertips, and automating a number of routine activities - without sacrificing your bottom line.
		Designed for business people who are tired of using separate, unrelated systems to access customer, sales, accounting, and operational data, GoldMine Plus Accounting solves this problem by connecting front- and back-office data to provide a single, unified record for all transactions that relate to a given account.
	www.goldminesw.com (470 words)

	SourceForge.net: Welcome
		The StrBio library is a set of Java classes useful for development of software for computational structural biology research.
		These classes are the basis for software in several published research projects, including the Pred2ary secondary structure prediction software, the JThread fold prediction algorithm, and parts of the ASTRAL Compendium for Sequence and Structure Analysis (http://astral.berkeley.edu).
		CinePaint version 0.20 is a major release of the popular motion picture deep colour paint and retouching program.
	sourceforge.net (521 words)

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