Bugtraq mailing list archives

Re: hacker copyrights was [RE: telnetd exploit code]


From: Joe Shaw <jshaw () insync net>
Date: Wed, 25 Jul 2001 15:18:01 -0500 (CDT)


On Wed, 25 Jul 2001, Eric D. Williams wrote:

Re: the lack of legal backing here are a number of links that appear relevant
to the question (do you violate copyright by publishing hacker code, discovered
subsequent to intrusion?).  Indeed it appears that the law is fuzzy on this one
concerning copyright and intellectual property.  But,  given the circumstance
that a listing or binary of the aformentioned code can not be deterined as
authorized in the first case - the intrusion itself is illegal, it appears it
can not pass the copyright or intellectual property tests.

Refs with USC refs:
http://www.eff.org/Publications/Mike_Godwin/phrack_riggs_neidorf_godwin.article
Ref with USC footnotes: http://www.netatty.com/copyright.html

In the US, a copyright must be registered with the US Copyright Office if
you wish to pursue legal action against someone else for violation of your
copyright.  That is not to imply that a work is not protected by copyright
unless it is registered, it's just that any sort of recourse is not
available to you until you do register.  This comes directly from the
Library of Congress Copyright Office FAQ located at
http://www.loc.gov/copyright/faq.html.  Sections 13 and 14 are of obvious
importance.

Regards,
--
Joseph W. Shaw II
Network Security Specialist/CCNA
Unemployed.  Will hack for food.  God Bless.
Apparently I'm overqualified but undereducated to be employed.



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