Full Disclosure mailing list archives

Re: Re: Request to publish your Proof of Concept (esc1.html)


From: Valdis.Kletnieks () vt edu
Date: Mon, 26 Sep 2005 14:57:26 -0400

On Tue, 27 Sep 2005 00:02:28 +0545, Bipin Gautam said:

WHAT/who is stoping you from rewriting the POC making slight changes
in program flow? No that ain't against the law... or is it?

At least under US law, "slight changes" would make the POC a "derivative work",
which would be against the law without a suitable license from the original
copyright holder - and you can't even use "fair use" to wiggle around this one,
as the POC would almost certainly require much more code copying than what "fair
use" would cover.

What *would* be legal is looking at the original, figuring out how it worked,
and then writing a totally new and original POC that utilized the same principle
(as only the expression is copyrightable, not the idea expressed).

Of course, IANAL, and you'd probably want to ask a competent lawyer specializing
in intellectual property if you think the lawyer's answer might matter....

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