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Copyright & licensing question

 
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SK
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Joined: 29 Dec 2003
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PostPosted: Wed Jan 21, 2004 10:58 am    Post subject: Copyright & licensing question Reply with quote

1. Does anybody knows where can i find examples of license agreements, that i could apply to my programs -- they are freeware, but not open sourse.

2. Can i just write "Copyright (c) yyyy MyName" in About dialog, or i have to register it somewhere?

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Serge
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PostPosted: Wed Jan 21, 2004 12:03 pm    Post subject: Reply with quote

hi sk,

i don't have an answer for you but your question raised an issue that i have wanted to raise at the forum for a few weeks now...could someone put at the forum or vds world a good copyright notice that basically says that,
- the code cannot be tampered with,
- users use the program at their own risk and they cannot hold the author responsible for whatever happens as a result of its use,
- the author owns the copyright to the program (be it freeware, shareware, or whatever...)
- the program is protected by international laws,
- and so on...

i know that we can copy the copyright notice from another program but i would feel better if i could use a good one with the approval of its author and one that has been put together by folks who know what they are doing

serge

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Serge
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PostPosted: Wed Jan 21, 2004 12:14 pm    Post subject: Reply with quote

...it could be posted in the resource section of the forum...just an idea

serge

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Raymond175
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PostPosted: Wed Jan 21, 2004 12:17 pm    Post subject: Reply with quote

You cannot say "CopyRight (c) xxxxx" as long your program has not been registered. "CopyRight (c)" means that only(!) the name behind it only has the rights to copy the product and spread it. This person or company can give some other people permission to copy it as well, but these rights are written in the license agreement. Which has to be registered.

Raymond
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Serge
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PostPosted: Wed Jan 21, 2004 12:35 pm    Post subject: Reply with quote

if that is true then none of the programs that most of us release are protected by copyright laws...and to register them is expensive...especially when you have 5-6 of them as i do (i looked at the US cost of registering each program and ouch!!!)

serge

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Mac
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PostPosted: Wed Jan 21, 2004 3:51 pm    Post subject: Reply with quote

From what I have researched, a "copyright" © does
NOT have to be registered to be valid.

However, a "trademark" ® should not be used unless
it is registered.

Cheers, Mac Smile

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jules
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PostPosted: Wed Jan 21, 2004 3:52 pm    Post subject: Reply with quote

I don't believe it is necessary to register your copyright with anyone. A simple copyright statement is enough. Bear in mind that if someone does copy your program, you have to prove it. Look at the claims by the author of SpyBot Search and Destroy that other people have ripped off his product. He used hidden strings and other tactics in order to prove this.

I also don't believe that it is necessary to have great long license agreements either. Nobody reads them anyway. And in the end, if you do find someone breaking the agreement, you can't afford to take them to court, so why bother?

After a number of years, I have evolved the following copyright and license agreements that I believe say all that needs to be said. Anyone is welcome to copy it. Any similarity with the VDS license agreement is probably because that has changed little since I first wrote it, when I was the publisher of VDS!

LICENSE AGREEMENT

This is a legal agreement between you (the licensee) and Tech-Pro Limited (the licensor). Subject to your acceptance of the conditions and restrictions set out below, you are granted a license giving limited rights to use the software.

This software is provided as is. All responsibility for determining fitness of purpose rests with the licensee.

The licensee agrees not to hold the licensor liable for any loss or damage or consequential loss or damage arising directly or indirectly out of the use of the software or for any other reason. The licensee accepts the responsibility for taking necessary precautions to safeguard against any such loss, damage or consequential loss or damage, howsoever it may be caused.


COPYRIGHT NOTICE

This software is Copyright © 2003 Tech-Pro Limited. It is protected under international law. You may not give away, sell, rent or lease copies of this software. Reverse engineering, decompiling or disassembling the software are prohibited. The use of registration keys other than those provided to you by Tech-Pro Limited is expressly forbidden.

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PGWARE
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PostPosted: Wed Jan 21, 2004 4:46 pm    Post subject: Reply with quote

Copyrights do not need to be registered to be considered valid. Simply putting a Copyright statement on YOUR work is more then enough. However if someone rips off your work then you need to prove it is your work, which is why registered Copyrights are considred proof; since you had to mail the Gov partial source code and the actual documents for the program. This allows you to show when you made such software and is registered with a trusted source (the government).

You can also notorize your software/product and this may work as well, although not as good as a traditional registered copyright.
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Serge
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PostPosted: Thu Jan 22, 2004 1:13 am    Post subject: Reply with quote

thanks mac, jules and prakash

serge

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SK
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PostPosted: Thu Jan 22, 2004 7:22 am    Post subject: Reply with quote

Thank you for replies!
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Rubes_sw
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PostPosted: Thu Jan 22, 2004 7:40 am    Post subject: Reply with quote

A simply way to prove the code is yours and the program is to mail it to yourself in a sealed, tamper proof package and send it recorded delivery. So that it is date stamped.

I do this with all my programs and it is considered a "poormans copyright".

Because it can stand up in a court of law as long as the package has not been tampered with, the post office have officialy date stamped it, so if someone copys your code, you can say hold on i did that and heres the proof of when i did.

Nathan
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vdsalchemist
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PostPosted: Tue Jan 27, 2004 4:10 pm    Post subject: Reply with quote

Hi All,
Ok I really have to say this. Not all Copyright laws are the same for all Countries and Governments. You really should research your local laws governing Copyright's. As for works made in the USA it is not required that your work be registured but if it has to goto court you will need proof that you made the work first. Some simple ways have already been mentioned in this thread. You can get lots of information reguarding this subject by doing a Google search on "Copyright Laws". You can also goto Electronic Frontier Foundation http://www.eff.org/ and click on the link reguarding Copyrights.

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