IA88@PACE.BITNET (IA88000) (02/19/90)
When an item like a computer program is first created, it is my understanding that it is immediately copyrighted. It is NOT REGISTERED with the Copyright office until such time as you pay the ten dollar fee and file the appropriate forms. However, in the past some software has been released with a copyright notice similar to: XYZ DATABASE PROGRAM Copyright 1987 as an UNPUBLISHED work I have read the manual the copyright office will send you and find that this is a legal way to copyright a program. The questions are: 1) Was the AIDS program copyrighted? Did anyone bother to check to see if an application was filed? 2) Assume for a moment that it was copyrighted. Can the copyright be enforced and can the author collect damages? 3) Does the fact that a program appears to be and may be capable of damaging a disk allow give anyone the right to violate a copyright? If you feel that statement three allows someone to violate a copyright, consider this for a moment. One of the major copy protection companies uses a scheme which encrypts one or more tracks of a hard disk drive when someone installs a copy protected program. Until such time as the copy protected program is removed the encrypted tracks are useless,(in fact some people may even call them damaged) to any program other than the copy protected program which was installed. It really is the same thing. If a program is copyrighted, the fact that it may be a virus, a trojan horse or a legitimate copy protection package does not imply that it is fair game for some people to hack apart and provide information about at will. If in fact the same discussions and information were disclosed regarding a major company in the spreadsheet market, that company might (and has in the past) taken legal action against people who disclosed information or transfered copies of the program. Do not get me wrong, I think what was done by the creator of the AIDS trojan was wrong, and he/she should be punished. However the assumption that just because a copyrighted program happens to be a virus or a trojan, and as such copyright law may be ignored is also wrong. *****************************DISCLAIMER************************* The views expressed are my own! I do not speak for, nor do I represent any other person, company or educational institution. *****************************DISCLAIMER*************************
ram@uunet.UU.NET (Richard Meesters) (02/22/90)
IA88@PACE.BITNET (IA88000) writes: - - 3) Does the fact that a program appears to be and may be capable - - of damaging a disk allow give anyone the right to violate a - - copyright? - - - - If you feel that statement three allows someone to violate a - - copyright, consider this for a moment. - - - - One of the major copy protection companies uses a scheme which - - encrypts one or more tracks of a hard disk drive when someone - - installs a copy protected program. - - - - Until such time as the copy protected program is removed the - - encrypted tracks are useless,(in fact some people may even call - - them damaged) to any program other than the copy protected - - program which was installed. You are correct in that the ability to use space on the disk allows the program the right to encrypt part of the data IT stores. They are useless as far as you and other programs are concerned, but accessable by the creating package itself. This is not, however, the same as encrypting ALL the data on your disk, as was the case with the AIDS trojan. This rendered the entire disk useless for all programs concerned. - ------------------------------------------------------------------------------ Richard A Meesters | Technical Support Specialist | Insert std.logo here AT&T Canada | | "Waste is a terrible thing ATTMAIL: ....attmail!rmeesters | to mind...clean up your act" UUCP: ...att!attcan!ram | - ------------------------------------------------------------------------------