Full Disclosure mailing list archives
Re: Cisco's stolen code
From: Eric Scher <ericscher () mac com>
Date: Tue, 25 May 2004 19:54:49 -0400
---------------------------------------------------------
On Tue, 2004-05-25 Tobias W. wrote: Well, let's face the simple facts. Cisco's code is copyrighted and it's illegal to copy it, distribute it or even use it. There's no way around it.
---------------------------------------------------------- STATEMENT: "There's no way around it." RESPONSE: I beg to differ. No disrespect intended, but given the mission statement for the Full Disclosure mailing list, the use of the "stolen code" clearly falls under the "FAIR USE" exemption of copyright law. Having said that, there may be criminal and civil liability issues involved in possessing, transfering or receiving said code, but it is manifestly not a violation of copyright law. ========================================== UNITED STATES CODE - TITLE 17 - CHAPTER ONE - SECTION 107 Sec. 107. - Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors ========================================== Yours Truly, Eric S. - Geek, Legal Eagle and BBQ Master. _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.netsys.com/full-disclosure-charter.html
Current thread:
- RE: Cisco's stolen code Ng, Kenneth (US) (May 25)
- RE: Cisco's stolen code Ron DuFresne (May 25)
- Re: Cisco's stolen code Maarten (May 25)
- Re: Cisco's stolen code Shachar Shemesh (May 26)
- Re: Cisco's stolen code Azerail (May 27)
- <Possible follow-ups>
- Re: Cisco's stolen code Eric Scher (May 25)
- Re: Re: Cisco's stolen code James Edwards (May 25)
- Re: Cisco's stolen code x30n (May 25)
- RE: Re: Cisco's stolen code Aditya, ALD [Aditya Lalit Deshmukh] (May 25)
- Re: Re: Cisco's stolen code Adam Szilveszter (May 26)
- Re: Re: Cisco's stolen code Tobias Weisserth (May 26)
- Re: Re: Cisco's stolen code James Edwards (May 25)
- Re: Re: Cisco's stolen code tcleary2 (May 25)
- Re: Re: Cisco's stolen code James Edwards (May 25)
- Re: Re: Cisco's stolen code Mister Coffee (May 26)
- Re: Re: Cisco's stolen code Tobias Weisserth (May 26)
- Re: Re: Cisco's stolen code Mister Coffee (May 26)
- Re: Re: Cisco's stolen code James Edwards (May 25)
- RE: Cisco's stolen code Ron DuFresne (May 25)