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Path: utzoo!mnetor!uunet!mcvax!diku!keld
From: keld@diku.dk (Keld J|rn Simonsen)
Newsgroups: comp.sys.amiga,comp.sys.misc,comp.sys.ibm.pc,comp.sys.mac,comp.sys.atari.st
Subject: Re: Re: Guidelines on legal protection for shareware & freeware
Message-ID: <3634@diku.dk>
Date: 1 Feb 88 21:11:09 GMT
References: <6784@agate.BERKELEY.EDU> <6606@oberon.USC.EDU>
Organization: DIKU, U of Copenhagen, DK
Lines: 33

Here is a more international view on copyrighting software, as I 
understand it. I hold a Danish master degree in legislate law, but I
am no expert on copyrights. I once spoke to a Danish expert  on the
issue and this is what I remember from that talk. Usual disclaimers.

Copyrighting in the USA is something special, as USA has not ratified
the Berner convention, as most of the European countries have, and
Canada has done it too. As software put one EUnet/Usenet is spread
all over the network in a couple of days, you can consider it published
in Berner convention countries, and  thus international copyright
laws apply to every single piece of software published on the net.

According to the Berner convention, it is not neccesary to state
"Copyright" etc on the work, if the "work" is of sufficient "height"
with respect to originality, it automatically enjoys copyright
protection. But it does improve your chances proving that it is your
software if you have put a copyright notice on it. And putting a 
copyright notice is a good idea, if you also publish it in the USA.

The Berner convention has no such thing as "public domain", and if you
have put something in the public domain and later regret it, well you
can do so in Berner convention countries. You are able to give rights
away like saying "Copyright by Frobozz 1988. Permission to copy is
granted as long as ...", so this is like discussed elsewhere.

One special thing is that it is legal to copy any copyrighted
material if this is for *private* use. This covers music played on
the radio which is tapped on your tape recorder, and it also covers
software which is published on the net and thus governed by copyright
rules. Putting out sentences about "crime" is thus not fully true in
Berner convention countries.

Keld Simonsen, University of Copenhagen          keld@diku.dk