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From: drears@ARDC.ARPA ("1LT Dennis G. Rears", FSAC)
Newsgroups: mod.legal
Subject: Copyright of Functions
Message-ID: <8602190130.AA00671@ucbvax.berkeley.edu>
Date: Tue, 18-Feb-86 15:15:45 EST
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Posted: Tue Feb 18 15:15:45 1986
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   I keep a library of functions that I use in programming.  I built up these
functions by writing them on my own, other people giving them to me,
programming books, copy them from copyrighted source, and translating (or
rewording) them from the proceeding.  I understand by using them in my
programs I might be violating copyright law by making dirivative works. 
Most of these functions are between 5-15 lines of code.  
I have the following questions:

1) If a translate or rewrite a function (but keeping the same idea) have I
violated the copyright? After all ideas are not copyrightable only the
specific expression of that idea.

2) I am employed by the govenment and the government owns all the
programs I have written.  Do they also own these individual functions? If they
do can I claim they were written on my own time and merely given to my
employer? Does that argument still hold since the military considers it's
soldiers on duty 24 hrs a day?

3)  Since a lot of the functions that were given to me by others have no
copyright notice and probably are not registered can I legally assume they are
in the Public Domain?  Does the copyright holder loses his copyright by giving
away copies without the notice?

4)  Does the addition of a pirated function in a program taint the whole
program or is does a reasonableness doctrine apply?

5) Lastly does "adverse possesion" cover copyrights?

  I realize these might be minor points but does anone have any insight.

   Dennis