37

Provided you are in one of the 170+ countries signatory to the Berne Convention (the current 10 non-signatories are, exhaustively: Eritrea, Marshall Islands, Nauru, Palau, San Marino, Iran, Iraq, Ethiopia, Somalia, and South Sudan), then copyright comes into existence at the moment a work is fixed in a tangible medium, not when it is published. The initial ...


36

The system operates on "innocent until proven guilty" If you watch or record live television or you download or watch programmes on BBC iPlayer (live, catch up, or on demand), you must have a TV licence. You do not have to let TV Licensing officers into your home unless they have a warrant, per Section 366 of the Communications Act 2003. They will ...


25

Sorry Matthew, that is wrong. But lets start with the Ops statement "In the UK you have to state that you don't have a TV license and sign a declaration to that effect every 2 years (unless you then get a license)." You do not have to state this at all. You are under NO legal obligation to reply to TVLA's letters. All that will happen is they will ...


22

No. GPL works are copyrighted (as are most creative works basically everywhere in the world, as soon as they're created, whether or not the author does anything about it), and copyright is what gives the GPL "teeth". Without copyright, you would generally be able to duplicate and distribute programs without any kind of license or permission from the author. ...


19

GPL does not purport that there is no copyright in a work to which the license applies: the works are still in copyright. It relies on the notion of copyright (which it redefines to include "similar things") on order to identify what rights are granted (you have the right to do things that would be copyright infringement, if you did those acts without ...


18

This is a fairly complex question and it depends heavily on what jurisdictions are involved. In the US software development by regular employees will typically be classified as "work for hire" and the copyright will belong to the employer. For contractors the situation is more complex and you haven't done yourself any favors by not having written agreements ...


16

company does not warrant that use of the Software will operate uninterrupted or error free. A court will not find that statement to be ambiguous or contradictory. Mere grammatical differences will not void a contract. See Typing errors in legal contract I have recently encountered the following perl of perspicuous and immaculate syntax: Correct ...


13

Since use cannot operate in any sense, shall the whole sentence be annuled and the license treated as if without it? No. The statement is intelligible enough for a reasonable person would grasp the substance thereof; namely, that the company cannot be held liable for software interruptions or bugs. Therefore, the sentence is not to be voided or stricken. ...


12

Most of the works available on Libgen are illegal: they have infringed copyright by putting copies there. Any copying of a protected work, done without permission of the copyright owner, is copyright infringement. That includes downloading from libgen.


11

In legal terms, the "innocent until proven guilty" principle still holds. However, the dirty tactics utilised by licensing officers try all sorts of underhand tricks to disregard "innocent until proven guilty". The general advice is that you should not engage with such licensing officers in any way, unless they actually have a search ...


10

Consideration Consideration is essential on both sides of every simple common law contract (civil law is different). It is the quid pro quo or "something for something" that is the essence of a contract - it's what turns an unenforcable agreement into a contract. A formal contract supported by a deed does not need consideration. The rules of consideration ...


7

That “shall be used for Good, not Evil” clause is a moral category, not a legal category. From a legal perspective, it is likely meaningless and/or unenforceable. Neither Debian nor users of that software should expect any legal risk for using or distributing the software. However, software under that license will never make it into Debian because it ...


5

What SE can do is controlled primarily by the Terms of Service. What most matters is the section on Subscriber Content, which says: You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (...


5

You cannot do this through any established public license that I know of, but you could write your own. The model would be any educational use or non-commercial use license, such as CC NC licenses. The main challenge is defining the excluded classes of usage. That is why you should engage an attorney to draft this for you. I don't think there is any point ...


5

The Gnu General Public License text specifically refers to versions published by the Free Software Foundation when availing yourself of the “or any later version” option: If the Program specifies that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions ...


5

The details will vary based on your locale, but I'm answering this assuming your locale is a party to the Berne Convention (since most are). What prevents Alan from copying our private code and pasting it on GitHub as his own 'published work', essentially granting him copyright over our work? This would not grant him copyright in any way. Publishing ...


5

Let's go through the checklist. Assume for the purpose of discussion that Alice is a woman and Bob is a man, so that the pronouns are unambiguous. Intention to create legal relations is excused by definition in the question, without this there cannot be a contract. Agreement can be clear from both conduct and from speech. Alice in making the offer verbally ...


5

It is currently a criminal offence, and as such the same procedures (including "innocent until proved guilty") apply as with any other criminal offence. If entry to premises is required to obtain evidence, the court can issue a warrant. However the reality of the situation is that almost all the defendants who are summoned to court (about 120,000 ...


4

It is reasonable to interpret the statement in their Github repository README.md as a "public domain" license for anything contained there. However, their "usage guidelines" backpedals a bit ("generally are not copyrighted", the misleading implication that content used commercially is subject to restrictions that educational and personal uses are not subject ...


4

You can read it, you can examine it to the point where you understand it, and then you can get inspired by the code and write your own code, without copying the code on the website, which does the same thing. If there is no license, then you can do what copyright law allows you to do. You are not allowed to copy the code, or create derived works by taking ...


4

When a company stops existing for whatever reason, then its assets (physical, financial, intellectual or otherwise) don't stop existing. When the company dissolves voluntarily, those assets usually go to the owner(s) of the company. When the company got bought up and integrated into another company, the buying company will usually own them. When the company ...


4

Not the free version Your use is commercial so you have to buy the software which (presumably) allows commercial use.


4

It isn't necessarily "illegal" (in the sense you are committing a crime) but you may be in violation of a verbal contract (which would fall under tort law). Let's take this a bit further. Perhaps Joe Schmoe gave you his debit card information so that you could make deposits for him and he said you could take $5 out for yourself for the trouble. This is a ...


4

It depends on the terms of your contract with the musicians. Copyright in the performance belongs to the performer so you need to ensure the copyright is transferred or appropriately licensed to you. It is public domain. Copyright for US works published before 1978 is a maximum of 95 years from date of publication. Although written on Christmas Day 1896 it ...


4

ORS 166.220 suggests this would be illegal - specifically its "unlawful use of a weapon" if a person (emphasis mine): Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, ...


4

Yes, you can fork it - but you can’t use it GitHub explain what’s a public deposit with no licence means here. If you find software that doesn’t have a license, that generally means you have no permission from the creators of the software to use, modify, or share the software. Although a code host such as GitHub may allow you to view and fork the code, this ...


3

If you change a single character, that's clearly a partial copy. Copyright protection has a limited extent, however. The protected work must be original and not obvious. For example, there are only so many ways to write a function that computes the average of two numbers, so the copyright owner of one body of code cannot claim infringement by the author ...


3

Words themselves are not protected by copyright. Curated lists of words, however, are (what's protected is the artful collection of words chosen for a purpose). Hence Hasbro owns the copyright in the list of playable words, though it is a matter for future possible litigation to see if the courts agree. If you have permission from the copyright holder, ...


3

In the US, at least, facts - like the speed of light, the name of a dinosaur or the moons of Jupiter - are not copyrightable. But the words or pictures, designs and original work used to express and present those facts in books, websites and other publications by individuals and publishers are copyrightable. (Original work doesn't need to be published to be ...


Only top voted, non community-wiki answers of a minimum length are eligible