imp at bsdimp.com
Sun Mar 12 20:03:38 CDT 2017
On Sun, Mar 12, 2017 at 5:40 PM, Fred Cisin via cctalk
<cctalk at classiccmp.org> wrote:
>>> I have a number of binders that have pretty thorough AIX documentation,
>>> the trouble is, there are from security classes that were taught by
>>> companies. Am I legally allowed to resell these?
> On Sun, 12 Mar 2017, jim stephens via cctalk wrote:
>> i wouldn't see why not. You aren't NDA'd on anything, and if they are not
>> government issue
>> you own them.
>> IANAL of course.
> While not a COPYRIGHT issue, it is possible, and not unlikely, that they
> were considered to be part of the course work, and that those taking the
> course may have agreed, explicitly or implicitly, not to pass them on.
Such an agreement would need to be in writing and explicit. Otherwise
it's just like a text book which you bought for the class. See below
for what you can do.
> If there is not a statement about license on them, then it is a reasonably
> safe risk. The person who took the course, and agreed to any such license
> could be liable. If they want to take action, then they would have a weak
> case based on not having made the license terms known and included in the
> work. (mens rea, etc.)
> Similarly, although post Berne convention upholds copyright on works without
> a copyright notice, failing to have a copyright notice is a really BAD idea.
> That doesn't mean that a litigious pubisher won't be a nuisance.
> If it is a significant amount (many copies, high price each, etc.) then make
> a good faith effort to contact the originator of the materials, and consult
> a real IP lawyer.
> Also, be aware that legal advice here is often tainted by our own interests,
> hence the fiction of "abandonware".
Resell: sure. The copyright interest of the seller is extinguished
when you purchase them by whatever means absent an explicit agreement
to the contrary.
Copy and upload the copy: No. Copyright Law would preclude that absent
permission from the current owner of the copyright.
Copy for yourself and then sell: Legal grey area, most likely not
legal, but kinda depends on your local jurisdiction.
Copy and upload to bitkeepers: Possibly the most beneficial thing you
could do. Likely not a lawful copy, thought (see above).
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