Re: Ok, they "stole" my FAQ. Now what?

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Russell Nelson (nelson@crynwr.com)
Wed, 6 Apr 94 13:23 EDT


I have a copyright notice on my FAQ that prohibits commercial use
without permission. I have not been asked for, nor granted permission
for this FAQ to be used. I have not filed the copyright papers.

If you care about your copyright, you'll register it. I have a
PostScript program that prints out the copyright form. Just ask for
it.

What do I do now?

There's not much you *can* do. You can fire off a demand letter to
Walnut Creek demanding that they stop distributing your FAQ. This is
a necessary prerequisite to sueing them. If they thought they had
permission to distribute it, then they are an innocent infringer.

And, given that you were distributing this document freely on the
Internet, they can probably make a good case that they were free to
copy it onto a CD. A CD is, after all, just a very large packet with
a very long round-trip time.

Can I sue? Should I?

Wouldn't do much good. You can only recover actual damages. You'd
have to show that you were making money from the FAQ in some other
way, and that distribution of the FAQ on their CD-ROM deprived you of
money.

Oh, and be careful about language like "stole". Theft is a criminal
offense. Copyright violation is a civil offense.

-russ <nelson@crynwr.com> ftp.msen.com:pub/vendor/crynwr/crynwr.wav
Crynwr Software | Crynwr Software sells packet driver support | ask4 PGP key
11 Grant St. | +1 315 268 1925 (9201 FAX) | Quakers do it in the light
Potsdam, NY 13676 | LPF member - ask me about the harm software patents do.



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