Re: [hercules-390] TSS/370 source archive now available

On Sat, Jan 03, 2004 at 07:35:38PM -0500, Thomas David Rivers wrote:
> In the "modern" world - the presence or absence of a copyright
> statement does not bear on the copyright.
> 
> In particular, the absence of a copyright statement does *not* mean
> that the source is not copyrighted...  that is, you do not have to have
> a copyright statement anywhere to enforce a copyright.  In the US,
> though, if you want to file a lawsuit; the sources have to actually
> be registered with the copyright office.

This much is correct...but:

> I'm not sure how that applies to these older sources... I think
> this only applies after some date??? (which is why MVS 3.8 is
> public??)

You are correct: it only applies after 1978. These sources are older than
that.

> So - to be safe, and sure; it would be a good idea to perform a 
> copyright search... but, I'm not a lawyer...  so...  take what I say 
> with a grain of salt; and go find a real lawyer.

I did, before releasing MVS 3.8J. I also had this discussion with IBM's
intellectual property lawyers in Poughkeepsie; they told me that they
considered any IBM software without a copyright statement to be in the
public domain, as it was IBM policy to place a copyright statement on any
copyrighted software, whether or not the law required it.

 

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