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Date:      Sat, 06 Apr 2002 15:07:37 -0800
From:      Terry Lambert <tlambert2@mindspring.com>
To:        Chip Morton <tech_info@threespace.com>
Cc:        FreeBSD Chat <chat@freebsd.org>
Subject:   Re: Abuses of the BSD license?
Message-ID:  <3CAF7FB9.3259C392@mindspring.com>
References:  <200204051922.06556@silver.dt1.binity.net> <3CAE7037.801FB15F@optusnet.com.au> <3CAEA028.186ED53E@optusnet.com.au> <3CAED90B.F4B7905@mindspring.com> <4.3.2.7.2.20020406124622.019bfdc8@threespace.com>

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Chip Morton wrote:
> At 08:01 AM 4/6/2002, Ian Pulsford wrote:
> >Remember when someone makes a piece of code it has no
> >licence, you can't do anything with it until you have permissions from
> >the author.
> 
> I thought that software licenses were meant to *restrict* your freedoms
> with someone's work, not *grant* them.
> 
> In other words, if you create some great unlicensed code and leave a
> printout lying on the table at McDonald's, what law am I breaking by
> scooping up the printout and making billions with your creation?  I thought
> this was exactly why most people guard as-yet-uncopyrighted works so fiercely.

You are breaking Copyright law, in any nation which is signatory
to the Berne Copyright Convention.

Specifically, the Berne convention alters Copyright law to
include an implicit Copyright on all unplubished works,
without needing the notice to be explicitly affixed.  See:

  http://www.wipo.org/about-ip/en/about_copyright.html#copyright_regulated
  http://www.wipo.org/treaties/ip/berne/index.html

There's no such thing as an "as-yet-uncopyrighted work".

This fact actually made it more dangerous for authors to
place work in the public domain, since, as it has their
copyright, whether they want it or not, it becomes their
responsibility.

What people are normally protecting by not leaving papers
at McDonalds are trade secrets and proprietary business
information (product direction, etc.).

-- Terry

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