RE: Question about copyrights and "open" standards.

Subject: RE: Question about copyrights and "open" standards.
From: "Diana Ost" <Diana -dot- Ost -at- msmcorp -dot- com>
To: "Geoff Hart" <ghart -at- videotron -dot- ca>, "TECHWR-L" <techwr-l -at- lists -dot- techwr-l -dot- com>, "Matthew Kaster" <matthewkaster -at- yahoo -dot- com>
Date: Fri, 18 Aug 2006 08:31:03 -0400

Geoff said:

> That's the correct way to proceed. You can't use someone
> else's copyrighted material "as is" without their permission.
> <snip>
> If your manager doesn't want to do this, then you shouldn't do it.
> You could cause serious trouble for --> your employer <-- if the
> copyright holder decided to use the knowledge of your
> existence to squash you as a competitor.

In my copy of "A Practical Guide to Copyrights and Trademarks," Frank
Andorka, the author, says:

Infringement of a copyright "willfully and for purposes of commercial
advantage or private financial gain" is a federal crime. *Persons*
guilty of infringement of copyright form most typeos ofowrks are subject
to a fine of not more than $10,000 or imprisonment for up to one year.

Andorka states several times in his book that the *individual* is
responsible for copyright infringement, and I have had my attorney tell
me (when I asked about this) not to count on the fact that I was an
employee (or contractor) and was ordered to use copyrighted material
without permission to protect me.

I had my own technical writing business for several years, so I checked
this issue out, and added language to my contracts stating that I would
never use any copyrighted material without permission in writing from
the copyright holder.

The book is a little old, but I can't imagine that the law is less
restrictive now, in the age of Napster and so on.

Diana Ost
Technical Writer/Reporting Analyst

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> -----Original Message-----
> From:
> techwr-l-bounces+diana -dot- ost=msmcorp -dot- com -at- lists -dot- techwr-l -dot- com
> [mailto:techwr-l-bounces+diana -dot- ost=msmcorp -dot- com -at- lists -dot- techwr-l -dot-
com] On Behalf Of Geoff Hart
> Sent: Thursday, August 17, 2006 3:10 PM
> To: TECHWR-L; Matthew Kaster

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