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- Path: sparky!uunet!usc!elroy.jpl.nasa.gov!ames!agate!boulder!csn!teal!bhayden
- From: bhayden@teal.csn.org (Bruce Hayden)
- Subject: Re: reality check - with apologies
- Message-ID: <bhayden.724949257@teal>
- Sender: news@csn.org (news)
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- Organization: Colorado SuperNet, Inc.
- References: <1992Dec16.132409.521@uoft02.utoledo.edu> <1992Dec21.000308.16865@athena.mit.edu>
- Date: Mon, 21 Dec 1992 14:47:37 GMT
- Lines: 48
-
- solman@athena.mit.edu (Jason W Solinsky) writes:
-
- >In article <1992Dec16.132409.521@uoft02.utoledo.edu>, dsmith@uoft02.utoledo.edu writes:
-
- >|> Also, what about software modifications, ports, shell scripts and anything
- >|> else that comes under the heading of intellectual property? For example, if
- >|> someone in my research group ported MOPAC to a machine on which it previously
- >|> did not run, then I might consider that ported version intellectual property
- >|> (with apologies to Jimmie Stewart). I believe that the ported version need
- >|> not be made available to others without my permission, although I would
- >|> certainly not restrict them from obtaining the public domain source code and
- >|> doing the port themselves.
-
- Modifications, etc. are probably derivitive works, covered to the extent
- they add to the original work, under the Copyright Law. So - the creator
- thereof (or his employer) has rights to the enhancements no different
- than those of the original creator. Ports are again probably derivitive
- works. Shell scripts may actually be original works under the C/R law.
- Note that a derivitive work only gives rights to the enhancements. By
- its very nature, it invariably infringes upon the underlying work.
-
- >If you get a copyright or patent on the program (which is doable under most
- >grants) you can control it.
-
- What do you mean "if you get a copyright"? Copyright protection has
- been automatic since the C/R Act of 1976. Since we joined the Berne
- Convention, you can't lose it through lack of formalities (like
- marking). The question is not "if you can get it", the question is
- who owns the copyright. That question is extremely fact intensive.
- However the main question is whether you are an employee for C/R
- purposes. (Assuming that you don't have a contract covering the situation).
-
- Patents are much easier. The person or party paying for the patent is
- invariably the person (or party) that gets the patent assigned to it.
-
- >Otherwise, anybody who is able to obtain access to
- >the program can use it. If it is a licensed program, which has been licensed
- >with grant money, then the question of who is able to use it has already been
- >resolved in the terms of the license. If it was licensed to the university,
- >department or laboratory (as it was my impression it always was) then they
- >control it.
-
- As you pointed out, 3rd party software is easy - look to the license.
-
- Bruce E. Hayden
- (303) 758-8400
- bhayden@csn.org
-
-