Re: [dvd-discuss] Bunner wins DeCSS trade secret appeal

["Peter D. Junger" <junger(at)samsara.law.cwru.edu>]

Noah silva writes:

: If you publish something, it doesn't qualify for trade secret status
: then.  If you copyright something, you've just published it - anybody can
: walk into the copyright office and read it.  You can't apply for trade
: secret protection on a book, etc., and it doesn't make sense to apply for
: trade secret on software itself.  

In the U.S. today if you write anything original it is copyrighted asw soon as
it is written down.  That does not mean  that it is published.  And it certainly
does not mean that it is available at the copyright office.

This message is copyrighted, it is arguable that it is 'published' as that term is
defined by the copyright law, but it most certainly is not available from the
copyright office. (Unless I decide to register it or deposit it with the copyright
office.)

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: junger@samsara.law.cwru.edu    URL:  http://samsara.law.cwru.edu   
        NOTE: junger@pdj2-ra.f-remote.cwru.edu no longer exists