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  • Pursuing violators of software license/copyright

    - by Dmitry Brant
    I've recently discovered a seller on eBay who is selling CDs with my (trialware) software on it. The seller is clearly trying to pass the software off as his own; he's copied all the verbiage from my software's website, except its actual name. This seller also sells a whole bunch of other CDs with free software for which he's misrepresenting authorship. For example, this listing contains screen shots that are obviously of the free program InfraRecorder. However, the name InfraRecorder or its authors aren't mentioned anywhere. Before I splurge on official legal assistance, does the community have any recommendations or past experiences with these kinds of matters? What's the best way to proceed, and at the very least, have the eBay listings taken down? Is it possible to reclaim the earnings from the sales of these CDs (not just for me, but for the other authors of the free software that this person is selling)? I realize that GPL'd software doesn't have any restrictions on "selling" the software, but this person has gone to great lengths to obfuscate the software's authorship, which is surely a violation of the license. (My software is not GPL; it's a custom license, and it does not permit redistribution of any kind without permission)

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  • Author's work and copyright. in UI design

    - by c-smile
    Typical situation in UI design: you do design of some UI and, say, came up with some bright new idea like "ribbon" or "kinetic scroll past end". What would be the strategy about such thing? Register patent, don't like it, but anyway would like to ask: how long it takes to do all this stuff and how much it will cost in average? If to forget about patents, will the idea have something like "prior art" status or some such if someone will try to patent this in future? All this about project / product published by solo developer.

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  • Copyright and wrong

    <b>The Economist:</b> "Parliament had given them rights, but it had set a time limit on them: 21 years for books already in print and 14 years for new ones, with an additional 14 years if the author was still alive when the first term ran out. After that, the material would enter the public domain so that anyone could reproduce it."

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  • How to minimize the amount of place used by GPL copyright notice?

    - by Lukasz Lew
    Gnu GPL page advocates a following header in each file of GPL project: This file is part of Foobar. Foobar is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version. Foobar is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with Foobar. If not, see http://www.gnu.org/licenses/. I find this an over kill. Can't it be shorter and somehow refer to COPYING or LICENCE file?

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  • Website Ethics / legal issues, image copyrights

    - by RailsN00b
    Ignoring the technical implementation of a website for a second, assume a website that is similar to twitter but with pictures. A user say something and puts a picture of whatever they said. As the nature of the internet, the images will most likely not be his/hers image. There are 2 options that I see for dealing with this: 1. The user will post a URL of the picture and the website will pull the picture from that URL everytime someone enters that page 2. The website will save the image in its own database of images and display the image to the visitors 'locally' The problem with option #1, while it saved storage, I see an issue with 'stealing' other websites bandwidth and if my website has many many visitors it could cost the image-hosting websites a lot and possible even crash it if the server can't handle the load. The problem with opion #2, while it saves the load to other websites, it practically takes pictures that could have copyright on them. Which option is better to implement in terms of legal issues and ethics? When do I need to contact another website to request permission to use the images from that site? Does anyone really care about that anymore. Where can I read about this?

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  • Photos being copied all over the place

    - by plua
    We have a rather popular website with plenty of photos. Our whole business depends on our content - and the photos are important in this. We invest a lot of time, effort, and money into taking these pictures. On our website we have clear copyright notices, we have the website name and logo in the photos, and we have a Photo Licensing page which states the prices of licensing our photos. Despite all this, our photos are copied by personal and commercial websites alike. We really want to do something about this. We do not want them to take out the photos and leave it at that. We want them to pay for the usage, as we clearly state on our website. Now a few questions come to mind: Can we legally force them to pay right away? Or are we obligated to first write a "Cease and Desist" letter? Photos are used on websites throughout the world. Are there any worldwide rules for this? Has anybody experience with doing these things outside of their home country? Should we hire a lawyer in any country? Or could a local lawyer contact oversees companies directly?

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  • Public domain usage of imagery from films? [on hold]

    - by AdamJones
    I'm thinking of starting a small film site, which would begin as a simple blog. Imagery from films I discuss on the site would be vital to the look and feel of this site. Instantly though this makes me wonder about copyright/public domain rights for such imagery. I just wondered if anyone had general or specific advise about using imagery from this industry or another similar situation? On the one hand I know the film industry aggressively tries to protect its IP (fair enough), but on the other hand, surely film companies do release some imagery of their films in stills format into the public domain to simply help their distribution and advertising efforts? I have tried looking on stock photo galleries for images of film stills but only found moviestillsdb.com) which seemed very limited in its results. I've researched a bit about fair usage (http://fairuse.stanford.edu/overview/fair-use/) as well, which I know applies to the USA specifically. This seems to suggest that a still of a film is within these bounds. Still, any constructive advise others may have as a result of experience dealing with imagery, from film or another domain would be greatly appreciated, assuming it isn't "get a lawyer".

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  • What should JavaScript be renamed to [closed]

    - by Evan Plaice
    Background: I have been watching Douglas Crockford's series of presentation about JavaScript History (which I highly recommend) lately and a one comment of his specifically piqued my attention. The trademark for 'JavaScript' is owned by Oracle History: Due to time constraints at Netscape, the language was literally written in weeks and released in very buggy form. To make it seem more appealing, Netscape picked JavaScript to appeal to the massively growing population of Java developers. Unfortunately, this pissed off Sun and stirred up a lot of controversy between the two organizations. At some point, they came to an agreement whereby Netscape was given permission to use the name as long as Sun owned the trademark. Some people incorrectly refer to JavaScript as ECMAScript because that's where the standard for the language is registered but, aside from it's current marketing-driven label, it doesn't really have a name. Fast Forward Sun goes down only to be swallowed by Oracle, who has no reservations about litigating for profit, now owns the name. So... If Oracle decides and forces JavaScript to take on a new name, what name would best represent the language?

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  • Copyrights concerning code snippets and larger amounts of code

    - by JustcallmeDrago
    I am designing a public code repository. Users will be allowed to post and edit whatever amount of code they want, from code snippets to entire multi-file projects. I have a few major legal concerns about this: Not getting sued/shut down - I feel the site would be a much easier target than tracking down an individual user to sue. I have looked around a bit and see links to legal info in the footer of each page is common. What specific things should I do--and what does does a site such as YouTube (which I see copyrighted material on all the time) do--for protection? Citing sources and editing sourced code - If a user wants to post code that isn't theirs, what concerns/safeguards should I have? Will a link suffice, and what do I need further to allow the code to be edited (to improve it for example)? What can happen if a user posts copyrighted code without citing it? Large chunks of code - What legal differences should I look out for as the amount grows? Not having a mess of licenses for the site - I would like to have a single license (like RosettaCode) that keeps things simple for interaction on the site. I want the code to be postable and editable. I have looked into StackOverflow's CreativeCommons license a little and it says that If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one. And on RosettaCode: All software found on Rosetta Code should be considered potentially hazardous. Use at your own risk. Be aware that all code on Rosetta Code is under the GNU Free Documentation License, as are any edits made by contributors. See Rosetta Code:Copyrights for details. What other licenses are like this? Commercializing the site - In what ways can I and can't I make money off of a site that contains code like this? All code will be publicly visible. Initial thoughts are having ads or making money by charging for advanced features.

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  • How does Google maintain its codes?

    - by John Maxim
    Pagerank algorithm is not revealed to any of their associates programmers, but only accessible by Larry Page or maybe Sergey Brin. I wonder how do they go about managing their coding? There are times when you need to build something up and you may need more hands to help with coding, but you may also want to keep some secrets to yourself, I'm not saying I have secrets, but I wonder how do they manage their coding. I'm sure there are some ways to do it decently and professionally. The reason why friendster failed was because one of the factors they lost control over their coding part. I think this is an interesting question. But not easy to answer, maybe only a marginal knew.

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  • When does a game idea cross the line between homage/parody to ripoff?

    - by Daniel T.
    I'm not sure where this question belongs, but as it pertains to the development of a game idea, I figured I'd try to post it here. Recently I've been inspired to create a game based on another game I've played. However, the idea that I have is very similar to the original game. I was wondering, when does a game idea cross from being a homage or parody into the realm of being a ripoff? Are there any hard or fast rules or does this cross into a gray area?

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  • The fallacy of preventing plagiarism

    - by AaronBertrand
    If you're not living in a cave, you are probably aware of the blog posts and twitter discussions that resulted from an innocent post by Tom LaRock ( blog | twitter ) yesterday ( original post ). This led to at least the following three posts, and maybe others I haven't noticed yet: Jonathan Kehayias: Has the SQL Community Lost its Focus? Karen Lopez: It Isn't Stealing, But I Will Respect Your Wishes. That's the Bad News. And then Tom: Protecting Blog Content There seem to be some different opinions...(read more)

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  • How closely can a game resemble another game without legal problems

    - by Fuu
    The majority of games build on successes of other games and many are downright clones. So where is the limit of emulating before legal issues come into play? Is it down to literary or graphic work like characters and storyline that cause legal problems, or can someone actually claim to own gameplay mechanics? There are so many similar clone games out there that the rules are probably very slack or nonexistent, but I'd like to hear the views of more experienced developers / designers.

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  • What liability concerns do advertising vendors raise, and how can I address them?

    - by Beofett
    One of the websites I administer wants to provide free advertising in the form of direct links to vendors at an event they are running. Up until now, there has been no advertising whatsoever on the site (or any of our other sites). The site is for a for-profit business. The idea of implicit endorsement of any vendors we advertise has been raised, which brought up the question of what we need to do, if anything, to protect ourselves from any potential problems such endorsement might create. I know that many sites have clauses in their Terms of Service that state that (in a nutshell) they are not responsible for any problems or grievances between the visitors to the site and any vendor advertised or linked. Are there other steps that a website typically takes when considering advertising, such as getting the advertiser to provide some sort of certification that their ad will not violate any trademarks or copyrighted material?

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  • How to give credit about an image I display in my website?

    - by Erel Segal Halevi
    I looked for an image for decorating the main page of my website. I found a great image in Wikipedia. The license allows me to use the image, but, I must give credit to the creators (which includes their name and a link to their Flickr page). My question is: what is the best way to give credit about the image, such that the page design will not be harmed? In case it matters: my page is very simple - it contains only the image (floated right), a heading, a small amount of text, and some links. But, my question is more general and probably applies to many different websites.

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  • How to deal with author rights when building a website

    - by user393381
    I was thinking about developing a website that would involved photos and was wondering how to deal with the legal/author rights aspects. If someone could direct me to some resources to find out, I would appreciate. If I take Flicker as an example, people can upload pictures and share them. What if someone a picture that belong to someone else, like a professional photographer? Or what if someone upload a picture of someone and that person does not agree to that? Same question if someone put a picture in there that is not acceptable? Can a Disclaimer or Terms of Use avoid the Website (or the person managing a Website) to get in trouble when someone violate the law? Thanks.

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  • Software Licenses: No Distribution and Private Selling Using Dual Licenses

    - by user102945
    Hi I recently wrote a couple of WordPress Themes in PHP and was wondering what license i should put on it. I don't mind users reusing my code but i don't want them to be able to sell and redistribute my themes as i want to retain that right. I heard somewhere that an all rights reserved link would stop the distributing etc. Is that true or do i need to include another license and dual license my Themes. So to sum it up i want to use a license to stop others from selling and distributing my themes, while at the same time letting others use the code if they want to.

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  • Do you tend to write your own name or your company name in your code?

    - by Connell Watkins
    I've been working on various projects at home and at work, and over the years I've developed two main APIs that I use in almost all AJAX based websites. I've compiled both of these into DLLs and called the namespaces Connell.Database and Connell.Json. My boss recently saw these namespaces in a software documentation for a project for the company and said I shouldn't be using my own name in the code. (But it's my code!) One thing to bear in mind is that we're not a software company. We're an IT support company, and I'm the only full-time software developer here, so there's not really any procedures on how we should write software in the company. Another thing to bear in mind is that I do intend on one day releasing these DLLs as open-source projects. How do other developers group their namespaces within their company? Does anyone use the same class libraries in personal and in work projects? Also does this work the other way round? If I write a class library entirely at work, who owns that code? If I've seen the library through from start to finish, designed it and programmed it. Can I use that for another project at home? Thanks, Update I've spoken to my boss about this issue and he agrees that they're my objects and he's fine for me to open-source them. Before this conversation I started changing the objects anyway, which was actually quite productive and the code now suits this specific project more-so than it did previously. But thank you to everyone involved for a very interesting debate. I hope all this text isn't wasted and someone learns from it. I certainly did. Cheers,

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  • Website content copied - How can I prove that I wrote it?

    - by Remy
    One of our competitors constantly copies all our website content. Now, I assume the trouble is to proof that we wrote the content first and that it is not the other way round. I checked on http://www.archive.org, but there is nothing. Any other way to proof that? FYI: We are a swiss company, so different laws will apply. Solution: [Found later] You can upload your content to this service and that they basically timestamp it. https://myows.com/ Another way we found, is to just print out your copy/design, etc. put it into an envelop and send it to ourself (without actually opening it later of course).

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  • Putting altered social media logo icons on my website, can I get sued?

    - by Håkan Bylund
    I would say most websites with a somewhat thought-through graphical design use social media icons (i.e twitter, facebook, youtube, et.c) which are altered to fit the theme and design of the site. Now, my boss insist we only use the ones provided by say facebook or twitter themselfes (in fear of getting sued or lose credability), but sometimes it just doesnt look very good on the site. What is the common practice for these things? What do you risk by using an altered logo? What should I tell my boss? I'll provide a few examples, what'd happen if I put any of these on a site?

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  • What is a legal way to use music from registered authors in a game?

    - by mm24
    I have recently asked a question about music in games like Guitar Hero. I have found that that in Europe (at least) if I do want to use a track composed by a musician member of a royalty collecting society I need to pay a flat fee to the society and not only to the member. So a "one-to-one" agreement is not valid and the society can come up to me and ask me for money for each download. Even if for FREE! This is a fee sheet list of the UK agency: for fee, see "Permanent download services" It is about 1,200 GBP for less than 22,000 copies and they DON'T specify anything more and they said me on the phone that I need to wait and see how many downloads I get before knowing the price. This is kind of crazy as If I give away the App for free I will have to PAY 1,200 GBP!! I am shocked and I feel very bad. One agency suggested me to use a fake name of the artist, but in this way is not fair to my collaborators as what they hope is that the App gets lots of downloads and in this way that other people will get to know about them and hopefully commission them more work. The other solution is to work only with non registered musicians. The question here to you is: Has anyone found a legal way to use music from registered authors in a game?

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  • Yahoo hosts Cracks / Warez on its OWN server!

    - by Naughty.Coder
    I can not believe no body has done anything regarding this issue. Yahoo bought a website called dvd4arab.com 4-5 years back. This site has all copyrighted / illegal material you can imagine .. Music/ Movies/ Software and games. I believe most of them hosted somewhere on file-sharing websites, but there are attachments in the forum. How to report this? and to whom? The series of buying is like this: Dvd4arab sold to Maktoob, Yahoo bought Maktoob, Microsoft bought Yahoo

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  • Smarphone Apps. music, licenses and fees .. nightmare

    - by mm24
    I have recently asked a question about music in games like Guitar Hero. I have found that that in Europe (at least) if I do want to use a track composed by a musician member of a royalty collecting society I need to pay a flat fee to the society and not only to the member. So a "one-to-one" agreement is not valid and the society can come up to me and ask me for money for each download. Even if for FREE! This is a fee sheet list of the UK agency: for fee, see "Permanent download services" It is about 1,200 GBP for less than 22,000 copies and they DON'T specify anything more and they said me on the phone that I need to wait and see how many downloads I get before knowing the price. This is kind of crazy as If I give away the App for free I will have to PAY 1,200 GBP!! I am shocked and I feel very bad. One agency suggested me to use a fake name of the artist, but in this way is not fair to my collaborators as what they hope is that the App gets lots of downloads and in this way that other people will get to know about them and hopefully commission them more work. The other solution is to work only with non registered musicians. The question here to you is.. has anyone found a legal way to do use music from registered authors in a game?

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