Path: utzoo!dptcdc!jarvis.csri.toronto.edu!mailrus!ames!pasteur!ucbvax!tut.cis.ohio-state.edu!unmvax!deimos.cis.ksu.edu!rutgers!att!mtuxo!lzfme!jwi
From: jwi@lzfme.att.com (Jim Winer @ AT&T, Middletown, NJ)
Newsgroups: comp.sys.ibm.pc
Subject: Re: Possible software THEFT!
Summary: Copyright Protection
Message-ID: <1277@lzfme.att.com>
Date: 18 Apr 89 16:37:21 GMT
References: <4002@ucdavis.ucdavis.edu>
Distribution: usa
Organization: AT&T, Lincroft NJ
Lines: 57

In article <4002@ucdavis.ucdavis.edu>, foss@iris.ucdavis.edu (Jim Alves-Foss) writes:
> Dear Netlanders,
> 
> The following has all names and specifics removed to protect the innocent
> and (potentially) guilty:
> 
> Someone I know has spent considerable time developing the skills to become
> a programmer (specifically computer games). After a couple years of trial
> and error and detailed perfectionism a game was sent to several software
> vendors. A few expressed interest and contract negotiations began with one
> company. Shortly before final delivery the negotiations broke down due to
> "financial" troubles in the company.
> 
> Now, an advertisement has appeared in a computer magazine promoting a VERY
> similar (if not the same) game from this company.
> 
> What can this person do? Any suggestions? How can similar things be avoided
> in the future?
> 
> Thanks in advance
> -Jim Foss (foss@iris.ucdavis.edu - 128.120.57.20 )
> <<< Disclaimer : Of course everything is hearsay and ONLY MY OPINION >>>

Software is copyright under the Berne Convention at this time. Prior
to March of this year, it may not have been unless marked with the
copyright symbol (a c in a circle, a c in parens is not
adequate) -- or it may have been, see an expert. In either case, you
must register it with the copyright office before you can bring an
infringement action.

In general, you should always register something like this before
sending it out. Call Washington, D.C. information and ask for the
copyright office and they will send you the correct forms and an
instruction book free. The registration will cost you $10.

Remember that copyright only protects the expression of an idea, not
the idea itself. You would have to prove that the code itself is
substantially similar to yours rather than just that it gets the
same result. I have been told that there is no point in proceding
with a copyright infringement suit unless you are preapred to spend
at least $10,000. On the other hand, if you have a registered
copyright, a simple letter from a lawyer may be enough in the
particular circumstances you cite.

I suggest you post this to misc.legal and take the results with a
large grain of salt. There seem to be a lot of people over there who
are misinformed, but there is also at least one copyright lawyer.

Jim Winer ..!lzfme!jwi 

I believe in absolute freedom of the press.
I believe that freedom of the press is the only protection we have
	from the abuses of power of the church, 
	from the abuses of power of the state,
	from the abuses of power of the corporate body, and 
	from the abuses of power of the press itself.
Those persons who advocate censorship offend my religion.