Full Disclosure mailing list archives
Re: Cisco's stolen code
From: Eric Scher <ericscher () mac com>
Date: Wed, 26 May 2004 09:48:22 -0400
The notion has been put forth that "Fair Use" doesn't cover stolen material. In fact, it does. If you steal Cisco's code, you may be found guilty of theft. If you give it away, you may be found guilty of transferring stolen property. If you download it from a website, you may be found guilty of receiving stolen property. If it is found in your possession, you may be found guilty of possessing stolen property. However, none of this involves a copyright violation. The final sentence of subparagraph 4, of the US Code (irony unintended) I posted specifically says: "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors" That would cover the unpublished nature of Cisco's stolen code. However, in order for THEFT of code to become a violation of copyright law, the statute ON copyright law would have to be ammended to make that a crime. Until such time, a charge of copyright violation for the theft of cisco's code, or it's posession, cannot be sustained under US Copyright law, as currently written. You may go to jail for many years for felony theft of intellectual property, but you wont be guilty of copyright violation. Eric S. _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.netsys.com/full-disclosure-charter.html
Current thread:
- Re: Re: Cisco's stolen code, (continued)
- Re: Re: Cisco's stolen code Mister Coffee (May 26)
- Re: Re: Cisco's stolen code Marek Isalski (May 26)
- Re: Cisco's stolen code Cold Fire (May 26)
- RE: Cisco's stolen code Pikett/LKSI (May 26)
- RE: Cisco's stolen code Tobias Weisserth (May 26)
- RE: Re: Cisco's stolen code Glenn_Everhart (May 26)
- Re: Re: Cisco's stolen code Valdis . Kletnieks (May 26)
- Re: Re: Cisco's stolen code Maarten (May 26)
- Question About International Disclosure Tom (May 26)
- Re: Question About International Disclosure Ron DuFresne (May 26)
- Re: Cisco's stolen code Eric Scher (May 26)
- Re: Re: Cisco's stolen code Valdis . Kletnieks (May 26)
- RE: Cisco's stolen code Brad Griffin (May 26)
- Re: Cisco's stolen code Seth Alan Woolley (May 27)
- Re: Re: Cisco's stolen code tcleary2 (May 26)
- Re: Re: Cisco's stolen code tcleary2 (May 26)
- Re: Re: Cisco's stolen code tcleary2 (May 26)
- RE: Cisco's stolen code Brad Griffin (May 27)
- Re: Cisco's stolen code Seth Alan Woolley (May 27)
- RE: Cisco's stolen code Ng, Kenneth (US) (May 27)
- Re: FW: Re: Cisco's stolen code Maarten (May 27)