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From: Dombo on 18 May 2010 14:17 George Neuner schreef: > On Sat, 15 May 2010 23:04:36 -0600, hamilton <hamilton(a)nothere.com> > wrote: > >> On 5/15/2010 6:27 PM, George Neuner wrote: >>> On Sun, 16 May 2010 02:12:34 +0200, Nils<n.pipenbrinck(a)cubic.org> >>> wrote: >>> >>>> Modafinil wrote: >>>>> Thank you to Ainhoa Ortiz Delgado and Antonio Tejada Revilla, of the >>>>> University of the Basque Country in Spain. http://www.ehu.es/ >>>> Call their professor or their dean. European universities take >>>> plagiarism serious. I'm sure they will be glad to know what happened. >>> If the OP can prove authorship, the university will likely take it >>> *very* seriously. Proving authorship is, of course, the catch. >> You did not look at the code referenced. > > I don't have to look at it. > > In a copyright dispute the plaintiff has to prove a) that the work is > their own or that they own or control the rights to it, and b) that > the work was copied by the defendant (willful copying or not makes a > difference in restitution but not to verdict). > > To prove in court that the work is your own, you must have one or more > of the following: > > - witnesses to its creation > > - a version history which leads to the finished work > > - a larger work which has both proven authorship and > which incorporates the disputed work > > Without at least one of these, it is nearly impossible to prove > authorship. The OP said nothing about any of this and a file on a web > site is not proof of anything. I wonder if http://www.archive.org/ would considered to be sufficient proof. Even if it doesn't stand up in court it might be enough to convince the university to take the files off line.
From: George Neuner on 18 May 2010 16:31 On Tue, 18 May 2010 20:17:39 +0200, Dombo <dombo(a)disposable.invalid> wrote: >I wonder if http://www.archive.org/ would considered to be sufficient >proof. Even if it doesn't stand up in court it might be enough to >convince the university to take the files off line. I don't know how archive.org operates, but if they are independently mirroring or backing up the OP's site, and they possess copies dated prior to the univerity's earliest postings, then I suspect that would be sufficient. IANAL George
From: Modafinil on 19 May 2010 12:41 "George Neuner" <gneuner2(a)comcast.net> wrote in message news:a5t5v5lgorl3ga49qp1hojc2h5hpv3thn7(a)4ax.com... > On Tue, 18 May 2010 20:17:39 +0200, Dombo <dombo(a)disposable.invalid> > wrote: > > >>I wonder if http://www.archive.org/ would considered to be sufficient >>proof. Even if it doesn't stand up in court it might be enough to >>convince the university to take the files off line. > > I don't know how archive.org operates, but if they are independently > mirroring or backing up the OP's site, and they possess copies dated > prior to the univerity's earliest postings, then I suspect that would > be sufficient. > > IANAL > George That was also what I was curious about. I wondered whether there wasn't some facility whereby a developer could inexpensively register ownership of copyrighted material, such that if it ever came to it, at least one could prove who got there first?
From: Dombo on 19 May 2010 14:18 Modafinil schreef: > "George Neuner" <gneuner2(a)comcast.net> wrote in message > news:a5t5v5lgorl3ga49qp1hojc2h5hpv3thn7(a)4ax.com... >> On Tue, 18 May 2010 20:17:39 +0200, Dombo <dombo(a)disposable.invalid> >> wrote: >> >> >>> I wonder if http://www.archive.org/ would considered to be sufficient >>> proof. Even if it doesn't stand up in court it might be enough to >>> convince the university to take the files off line. >> I don't know how archive.org operates, but if they are independently >> mirroring or backing up the OP's site, and they possess copies dated >> prior to the univerity's earliest postings, then I suspect that would >> be sufficient. >> >> IANAL >> George > > That was also what I was curious about. I wondered whether there wasn't > some facility whereby a developer could inexpensively register ownership of > copyrighted material, such that if it ever came to it, at least one could > prove who got there first? Depends on where you live. For example in the Netherlands one can register (paper) documents for free at the tax authorities. This registration is sufficient for legal purposes (though I'm not sure how valid this is in a more international context). There are also several commercial parties that provide a similar service.
From: George Neuner on 21 May 2010 02:17
On Thu, 20 May 2010 00:41:24 +0800, "Modafinil" <invalid(a)email.au> wrote: > >"George Neuner" <gneuner2(a)comcast.net> wrote in message >news:a5t5v5lgorl3ga49qp1hojc2h5hpv3thn7(a)4ax.com... >> On Tue, 18 May 2010 20:17:39 +0200, Dombo <dombo(a)disposable.invalid> >> wrote: >> >> >>>I wonder if http://www.archive.org/ would considered to be sufficient >>>proof. Even if it doesn't stand up in court it might be enough to >>>convince the university to take the files off line. >> >> I don't know how archive.org operates, but if they are independently >> mirroring or backing up the OP's site, and they possess copies dated >> prior to the univerity's earliest postings, then I suspect that would >> be sufficient. >> >> IANAL >> George > >That was also what I was curious about. I wondered whether there wasn't >some facility whereby a developer could inexpensively register ownership of >copyrighted material, such that if it ever came to it, at least one could >prove who got there first? The isn't a perfect answer to that because there is a question as to whether posting online meets the legal definition of "publishing" as required under copyright law. A few progressive countries have amended their laws to take into account internet publishing, but most haven't yet addressed it. If you're going to "publish" online and you're worried about copyrights, the best solution I can think of is to use one of the online code repositories and put absolutely EVERYTHING you post into CVS. IANAL George |