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

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

The problem with the concept that it's copyrighted as soon as it is 
written down is that nobody know that. In physics if it can't be observed 
it isn't "physical". Ditto for copyright.  It's also hard to argue that 
the full range of copyright protection should be extended to private 
scribblings. Now maybe a use for the UTSA would be to prosecute somebody 
who steals a manuscript using it.

As for published.....well lets see. It has been disseminated to a small 
number of people and the DVD-discuss archive WAS being made available on 
the Internet at OPENLAW.ORG. Granted it didn't get distribution in a 
bookstore by a commeercial publisher but what more does it need. A book 
run is about 2500 copies I think. How many hits does open law get daily? I 
guess the question is that even though it's not deposited with the office, 
it would seem to be published.




"Peter D. Junger" <junger@samsara.law.cwru.edu>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
11/05/01 10:22 AM
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        Subject:        Re: [dvd-discuss] Bunner wins DeCSS trade secret appeal


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