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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: Copyright year or years
Date Sat, 11 Jul 2009 02:35:12 GMT
So what is under section 106A(a) ?? (Are all this available online?)


All this is available online. Use Google.


Those numbers you calculated are not accurate. There are different ways of
handling this, but I'd rather take this discussion about copyright
registration to an appropriate internal list. I'm not sure who is
responsible for this yet. 






-----Original Message-----
From: hedhman@gmail.com [mailto:hedhman@gmail.com] On Behalf Of Niclas
Sent: Friday, July 10, 2009 7:23 PM
To: legal-discuss@apache.org
Subject: Re: Copyright year or years


On Sat, Jul 11, 2009 at 12:13 AM, Lawrence Rosen<lrosen@rosenlaw.com> wrote:

> In the US, sorry to say, that's the way it works.


> 17 USC 411(a): "Except for an action brought for a violation of the rights

> of the author under section 106A (a), and subject to the provisions of

> subsection (b), no action for infringement of the copyright in any United

> States work shall be instituted until preregistration or registration of

> copyright claim has been made in accordance with this title."



So what is under section 106A(a) ?? (Are all this available online?)


My guess is that 106A(a) would cover Copyright of the author of the

actual code, but not Copyright of the compilation itself. So, the

source has Copyright attributed to the author, not Apache, which only

claims Copyright of the compilation and would require the

registration. Am I close?


So, for the ASF we are talking a process of registering Copyright for

each released project. I think Larry have pointed it out before that

it has to be 'per version', which I guess would come to maybe 100-150

a year, i.e. $4k-$6k, plus the effort of handling it which initially

would be a $0 volunteer basis and then would end up in the "we need an

EA"-discussion. Something that should be considered, but keep in mind

the reason would be, "so we can take it to court", which is something

we are very, very unlikely to do...



IANAL disclaimer.





Niclas Hedhman, Software Developer

http://www.qi4j.org - New Energy for Java


I  live here; http://tinyurl.com/2qq9er

I  work here; http://tinyurl.com/2ymelc

I relax here; http://tinyurl.com/2cgsug



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