Re: More questions [from herc/390]

"Jeffrey R. Broido" <[email protected]>
Newsgroups gmane.comp.emulators.hercules390.advocacy
Message-ID <[email protected]>
David,

Indeed, there have been copyright laws in force during the entire 
computer era, but there was a great deal of controversy over whether 
they could apply to software until enough judicial precedent built-
up to make software copyright common and enforcable.

It is certainly true that in the absence of copyright notices 
embedded in the media that a work cannot be considered copyright-
protected, but the converse is not entirely true.  For if a work's 
copyright is not registered, the right is not enforcable.

As an example of this, I wrote a relatively minor piece of code in 
1984, a TSO CP called MAPXA, and contributed it to the CBT tape.  It 
had an embedded copyright notice but I didn't bother to register the 
copyright and, in any case, in 1984 I'm not certain that my 
registration would have been accepted.  A few years later, I found 
my code, most of it byte-for-byte identical, embedded in Boole & 
Babbage's product, RESOLVE, with my copyright notice replaced with 
theirs.  

I complained to them that among their staff was, apparently, at 
least one pirate and they had the gall to write me an official 
letter claiming to have written the code from scratch in-house.  As 
I hadn't registered the copyright, I had no legal leg to stand on.

Bomber

--- In hercules-advocacy, David Wade wrote:

<snip>
> There have, as far as I know always been software copyright laws.
> They certainly pre-date much of the software that is now free.
> They did however require that the copyright owner declare their
> copyright.  IBM did not do this on early versions of VM. It
> therefore has no copyright status. IBM cannot prevent it being
> copied, redistributed or modified. <snip>


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