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

[Joe Shaw <jshaw () insync net>]

> You might want to check:
>
> http://www.weblawresources.com/copyright_art.htm
>
> This block quote reproduced under the rights of "fair use:"

I'm sorry for the confusion, as I contradicted myself.  A work may be
protected without registering the copyright, but according to US
Copyright law, you cannot pursue statutory damages unless you've taken the
time to register.  According to the URL you posted and the one I
originally referenced at the Library of Congress both agree on this.  In
the event of an infringement against a copyright without registration, you
are limited to only the actual damages you can prove you incurred.

With exploit code, I'm assuming it would be hard to show true damage
incurred upon the author, unless the author is selling said source code,
which could possibly incur some liability of it's own if the code is being
used to compromise systems.

> From your own URL (http://www.weblawresources.com/copyright_art.htm):

"Why do I need to file a copyright application? You might be asking
yourself, all right, so you say that copyrights do not require a formal
copyright application. So why should I bother? The primary reason is your
ability to leverage someone who has ripped off your site. If you have
filed a copyright application within 90 days after first publication or
prior to any infringement, you are eligible to elect statutory damages and
receive attorney fees from the infringing party. If not, you will be
limited to receiving your actual damages. Statutory damages can be awarded
even if your actual damages are minimal. Statutory damages can run as high
as $25,000.00 and $100,000.00 if the infringement was willful. When
combined with an attorney fee award, this gives you strong ammunition
against a potentially infringing party. But you need to make a timely
copyright application in order to secure these rights."

So, without registering the copyright, I would suspect an exploit code
writer would have very little recourse in a court of law in the event his
copyright is infringed upon.

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.