Re: FrSIRT Puts Exploits up for Sale

[Michal Zalewski <lcamtuf () dione ids pl>]

On Fri, 17 Mar 2006 rembrandt () jpberlin de wrote:

> If you puplish something without a license it is OPEN DOMAIN
> That means people can use it, modify it, sell it...

That's nonsense. If I publish a book or a photo or a newspaper article
without a lengthy license attached, you can copy it at will, too? The
requirement of a license or a copyright notice is a long-running myth - it
is good to have these, but they are not a legal requirement.

All your private writing, recording, coding, photography, etc is protected
by copyright, period. Unless you explicitly allow others to use your work,
it is not legal to do so, with certain specific common-sense exceptions
(fair use clauses vary from place to place, but usually involve
applications that are either entirely non-commercial, or benefit the
society).

In some places, it can be successfully argued that by deciding to release
information during a press conference, on a mailing list, etc, grants some
entities an implicit permission to do certain things with that
information, but it's generally rather tricky (and subject to individual
interpretation by the court). In any case, this just means that because
you posted to a mailing list, the server can reasonably process and store
your message, and distribute it to the intended audience. It does not
necessarily mean that others can grab it for unrelated purposes and sell
it to third parties.

/mz

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