Re: Reclassification - Wordperfect

["Arkain" <rwking@no.usa.spam.net>]

Q_C, Roy, & Frank...

;-)

I was waiting for someone to present this as counter evidence. It took so
long that I was beginning to think you wouldn't find it! Now I'm satisfied
that every point in your case has been suficiently. I thought of this angle
shortly after ending with Q_C. It was the last point that wasn't covered.

Roy,

I made no errors. Even you must admit that in a debate, a person arguing a
particular side will not present evidence that contradicts his/her own side.
That would kill his/her argument.

Now have we covered everything? I can't think of anything we left out.

Arkain

Frank Townsend <ftownsen@iamdigex.net> wrote in message
news:jy8k5.45$D4.5862@dca1-nnrp2.news.digex.net...
> Well.
>
> Your principal argument as I understand it is that if a work is not fixed
in
> a sufficiently permanent medium, then it is not properly covered by
> copyright.  Further, you argue that the definition of fixed ("a work is
> 'fixed' in a tangible medium of expression when its embodiment in a copy
or
> phonorecord . . . is sufficiently permanent or stable to permit it to be
> perceived, reproduced, or otherwise communicated for a period of more than
> transitory duration") must exclude works on magnetic media because they
are
> not sufficiently permanent.
>
> Finally, you argue that copyrights for non-registered software are
invalid.
>
> All of these contentions are incorrect for the following reasons.
>
> First, the plain language of the statute does not require permanency, only
> permanency *sufficient* to allow a work to be perceived or communicated
for
> a period of more than transitory (i.e. brief) duration.  This excludes
> things such as works of choreography not fixed in a medium (ie, a dance
> routine) or improvisations.  If you want to quibble about the meaning of
> "transitory" read the entry in the legal encyclopedia at Nolo.com
> http://www.nolo.com/encyclopedia/articles/pct/pct13.html
>
> "[T]he work must exist in some physical form for at least some period of
> time, no matter how brief. Virtually any form of expression will qualify
as
> a tangible medium, including a computer's random access memory (RAM)."
>
> Second, even if you don't believe this comment, the Copyright Regulations
at
> 37 CFR 202.20(a)(vii) regarding deposit specifically refer to software
fixed
> in machine-readable format only:
>
> "In cases where a computer program, database, compilation, statistical
> compendium, or the like, if unpublished is fixed, or if published is
> published only in the form of machine-readable copies (such as magnetic
tape
> or disks, punched cards, semiconductor chip products, or the like) other
> than a CD-ROM format, from which the work cannot ordinarily be perceived
> except with the aid of a machine or device, the deposit shall consist of:"
>
> Pretty clear that the letter of the law accepts as "fixed" (for the
purpose
> of the statute) copies made on magnetic or other non-permanent media.
>
> Finally, I believe you are confusing copyright (which occurs at the moment
> of fixation) with copyright registration.  A work is copyrighted as soon
as
> it is fixed, and registration is not required.  Registration does provide
> important benefits including the ability to sue for infringement (although
> one can register for that purpose after the infringement has occurred) and
> the ability to seek statutory damages.
>
> True, the Register of Copyrights requires hard-copy of identifying
material,
> but (unless the source code is 50 pages or less) only a representative
> sample for larger programs.  And obviously, this requirement does *not*
> "prove that the software in it's native digital state is not enough to
> warrant a copyright" since the section quoted above indicates that such
> machine-readable copies are fixed, and if fixed, are already protected by
> copyright even without registration.
>

Arkain