Full Disclosure mailing list archives
Re: Cisco's stolen code
From: x30n () digrev org
Date: Tue, 25 May 2004 20:43:39 -0700
STATEMENT: "There's no way around it." RESPONSE: I beg to differ. No disrespect intended, but given the missionstatement 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.With all due respect...Fair Use does not cover stolen works !
I may be wrong, but it seems that according to the second part of Section 107 part 4 "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors." This implies that although there might be other criminal and or civil charges (Such as recieving stolen property), associated with obtaining such stolen code, the posession and even auditing and public criticism of such a work wouldn't necessarily be deemed copyright infringement. Clarification from someone with more of a legal background would be nice. -- x30n www.digrev.org
-- James H. Edwards Routing and Security Administrator At the Santa Fe Office: Internet at Cyber Mesa jamesh () cybermesa com noc () cybermesa com
_______________________________________________ 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 Ron DuFresne (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)