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1 vote

Can the GPL3 and MIT license be applied to closed-source software?

In principle, yes. Remember that the copyright holder is not bound in any way by this license (because the only bad thing that can happen to you is that the copyright holder sues you - so assuming ...
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6 votes

Are published recipes on the internet considered ’open source’ for commercial utilisation?

Recipes are not subject to copyright although the particular manner in which the are expressed (e.g. on a printed page) is protected by copyright, under U.S. copyright law. This is not because they ...
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1 vote

Publish vocabulary list from a book in a vocabulary app

At least in some parts of the european-union, the assembly of words into lists is protected once there is a certain complexity to the database. You cannot simply copy the list. You can create your ...
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1 vote

Publish vocabulary list from a book in a vocabulary app

In the case of a list of words of e.g. German, such as the headwords found in a German dictionary, you can copy those headwords, not running into any copyright problems: though you have to be careful ...
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2 votes

How to legally exploit an old Jazz music without copyright issues?

In the United States, this depends entirely on the form the music is in. Music in written form (eg. sheet music) follows the same copyright rules as any other written work, the most common rules ...
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1 vote

Publish vocabulary list from a book in a vocabulary app

Facts are never protected by copyright, but the way a fact is expressed may be. Individual words are facts. Definitions of words are facts, but the way in which the definition ism expressed, the ...
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3 votes

Is it legal to record Internet audio streams?

Yes Time shifting for personal use was ruled fair use by SCOTUS in 1984.
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4 votes
Accepted

Are Name, Image and Likeness (NIL) of public athletes protected by copyright?

Copyright, No US Copyright does not protect names, images, or "personas". The US Copyright Office Circular 33 ("Works Not Protected by Copyright") states, on pages 2-3: Words and ...
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1 vote

Are Name, Image and Likeness (NIL) of public athletes protected by copyright?

Alice's name is not protected by copyright. The photograph made by Ted, is protected by copyright and Ted (not Alice) could sue Bob for creating an unauthorized derivative work. Bob might be able to ...
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0 votes
Accepted

Does the Unlocking Consumer Choice and Wireless Competition Act confer a right to unlock a phone one owns, or merely limit the scope of the DMCA?

It does not give you a right to breach a contract First, opening the package doesn’t “implicitly” bind you to the ToS, it explicitly reminds you that you already are. As these phones are exclusively ...
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6 votes

Is it legal to bypass Keurig coffee maker DRM?

TL;DR: Yes, it's legal. There is no patent nor copyright infringement when consumers use third party coffee pods or modify their appliance to accept those pods. There may be antitrust infringement ...
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6 votes
Accepted

Copyright and trademark issues with variation on an existing game

There would be both copyright and trademark issues here. See U.S. Trademark Law - USPTO for law adn rules of practice related to US trademarks. See 17 USC for US copyright law. Trademark "...
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2 votes

Copyright and trademark issues with variation on an existing game

You can't name it Monopoly Monopoly is Trademarked. All games with the name part Monopoly are either made or licensed from the trademark holder. It's also possibly a famous mark. As a result, you may ...
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5 votes

In the US, under what circumstances can I re-write code I previously wrote but do not own?

Assumptions Let us assume that the code involved was created during the period of employment, was within the scope of that employment, and was validly work-made-for-hire (WFH). In that case, the code ...
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0 votes

Does Halocene have a case against The Masked Singer Australia?

Maybe Cover Licenses In US law, under 17 USC 115 A person can obtain a "cover license", also known as a "mechanical license", to perform and record a version of a musical work ...
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0 votes

Does Halocene have a case against The Masked Singer Australia?

Halocene themselves created the arrangement, to which Masked Singer AU uses chord for chord, note for note. It's along the lines of Queens 'Under Pressure' and Vanilla Ice's 'Ice Ice Baby'. Their work ...
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1 vote

Removal of Content under creative commons

Perpetual License As the answers by wimh and Da;e M correctly point out, section 7(b) of the CC-BY-SA 3.0 license declares the license perpetual , and provides no way for the copyright owner to cancel ...
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0 votes

Lawyer says bumping software’s minor version would cost $2k to “refile” copyright paperwork. Is this typical?

Just designate someone in your company to do it. Copyrights are easy. Now if you were discussing patents... there is a lot more to it and you can either find a patent attorney who does it at ...
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2 votes
Accepted

Using an image found online

Fair Use Factors Your question correctly quotes the four fair use factors from 17 USC 107. However, the explanations quoted from your source are oversimplified and a bit misleading. Factor 1, for ...
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1 vote

Must a work be "essential" for fair use to apply?

"While wholesale copying does not preclude fair use per se, copying an entire work militates against a finding of fair use." However, the extent of permissible copying varies with the ...
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0 votes

Could an advertising campaing be legally imitated if it is based on public domain images?

The campaign is a copyrighted work distinct from any work it contains Consider this answer - even though it’s made up of uncopyrightable words, the particular arrangement of those words is a ...
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3 votes

Must a work be "essential" for fair use to apply?

The claim seems novel, so I looked at several sources, including several recent cases where fair use has been upheld. Rozier In Easter Unlimited Inc v. Rozier, 18-CV-06637 (KAM) (E.D.N.Y. Sep. 27, ...
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7 votes

Is it legal to download and run pirated abandonware because I'm curious about the software?

No, but you can find a runnable library copy of much of the most important abandonware legally at the Internet Archive, and in particular, its Software Library archive and Internet Arcade.
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1 vote

Lawyer says bumping software’s minor version would cost $2k to “refile” copyright paperwork. Is this typical?

I assume there's no version control between different copyright applications. So, once you've decided to refile, it doesn't really matter for the lawyer or for the government whether it's a minor ...
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23 votes

Is it legal to download and run pirated abandonware because I'm curious about the software?

Downloading commercial software without permission would be infringement, unless an exception to copyright (probably fair use in the US) applied. That the maker and copyright owner no longer supports ...
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1 vote

Citing whole mailing list messages on the web

You can't delete all personal information Take this answer for example. If you were to copy just the text omitting my user ID, your user ID and the dates etc. it's still personal information! A simple ...
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2 votes

Is it copyright infringement if I don’t actually make any money from someone else’s audio?

That may still be copyright infringement, but it's a very nontrivial question. To be safe, you should either obtain a license, or restrict yourself to public domain material, or create similar-...
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0 votes

Does copyright protect your design and functionality?

I refer you to @Trish answer but … If you’re an employee, your employer owns the copyright.
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3 votes

Citing whole mailing list messages on the web

First, copyright means that permission from the author is generally required. The courts find three sorts of such permission: direct author-to-recipient explicit licensing (typical in the case of a ...
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2 votes

Does copyright protect your design and functionality?

pure functionality is not copyrightable Copyright does not protect purely functional things, it only can protect the execution as Brown Bag Software v Symantec Corp established back in 1992. In fact, ...
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21 votes
Accepted

Lawyer says bumping software’s minor version would cost $2k to “refile” copyright paperwork. Is this typical?

I won't reiterate the points already made in David Siegel's and ohwilleke's fine answers about whether paying $2000 to a lawyer for copyright registration (or even filing a copyright registration for ...
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40 votes

Lawyer says bumping software’s minor version would cost $2k to “refile” copyright paperwork. Is this typical?

The cost of filing a copyright for an updated filing would generally be the same as the original one. The amount of work isn't much different and there are good reasons why every new version of ...
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32 votes

Lawyer says bumping software’s minor version would cost $2k to “refile” copyright paperwork. Is this typical?

The US copyright office fees page shows that a standard copyright application may be filed online for $65. The page about registering other digital content (which includes computer programs) offers a ...
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1 vote
Accepted

Do I have to cite the website I used to draw a circuit?

The EULA for the site you referenced is available at: LOGIC.LY EULA It says: Under this End User License Agreement (the "Agreement"), Bowler Hat LLC (the "Vendor") grants to the ...
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3 votes
Accepted

How to become a Consultant for a patent applications?

You could get a law degree and become a patent attorney. To be able to even take the patent bar one needs an academic background in engineering or science. Another possibility is to study for and take ...
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2 votes

Can a copyright holder sue someone in Switzerland for downloading their copyrighted works?

The question uses the word "decriminalized". That implies that such downloading was previously a criminal act. I don't see anything in the Swiss law that says or implies this. (It is not ...
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3 votes

Why Genius doesn't have problems with lyrics copyright?

From https://en.wikipedia.org/wiki/Genius_(company)#Music_publishing_dispute: In 2014, Rap Genius entered into a licensing agreement with music publishers covering both past and future publishing of ...
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2 votes

Are original text responses to surveys copyrighted?

Yes such responses would be subject to copyright protection provided that they were substantial enough to merit it. A simple "Yes" or "No" or or even an "I liked it very much&...
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8 votes

Is Kali Linux's "Undercover" mode legal?

Separate from the copyright concerns discussed by user67726, there are also trademark concerns. The Lanham Act (15 U.S.C. § 1051) forbids using someone else's trademark in to deceive or cause ...
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16 votes

Is Kali Linux's "Undercover" mode legal?

Copyright would generally protect all aspects of the Windows operating system. Therefore, to the extend that Kali is visually similar to Windows, it might be illegal infringement. It would not be ...
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19 votes

Other use of profile photos: legality fair-use and permissions

Super illegal Just focusing on the GDPR, what is your legitimate basis for taking the personal information of a third-party?
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51 votes

Other use of profile photos: legality fair-use and permissions

BAD idea It is one thing to upload the phonebook and associated pictures for use of the owner of the phonebook. It isn't a fair use of the phonebook pictures - and you might not have a license anyway, ...
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0 votes

Can you transfer a Windows license from hardware to a VM running on the hardware?

It is, if the terms of the license allow you to do so. That means (1) it is not categorically illegal to transfer software to a new machine (in any sense of "machine") and (2) it is not ...
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