[ossig] Copyright Laws

["Raja Iskandar Shah" <ris.riscniaga@xxxxxxxxxxx>]

oops... have i missed out something ?

with regards to software, it is still bound by the malaysian copyright
act 1987. the act was amended to take into account of the paris and
berne conventions. for example, previously in the act, if the works is
published outside of malaysia, then it must be published within 30 days
in malaysia, otherwise it will not be covered by malaysian copyright
laws. so malaysia has ratified this, so that any publication within
member countries of the 2 conventions, are still protected by malaysian
copyright act.

software / computer programs is covered as part of literary works (don't
ask me why) and subject to copyright laws. once you publish your
software then you are the copyright owner . there is no requirement to
register, unlike patents and trademarks. please note that copyrights,
patents and trademarks covers different things. for example 'windows',
'microsoft' are covered by trademarks (re: lindows), but the windows xp
software is covered by copyright.

i agree with uwe with regards to derived works - where my work is not
distinct from the original work, then i cannot distribute my product.

with regards to larger works, the other portions which is distinct from
the infringed work is still mine. the nice cover on the cd is still mine
where i can put it in a nice frame and sell it (without the xp-cd, of
course). according to section 7.(4) of the copyright act 'A work shall
not be ineligible for copyright by reason only that the making of the
work, or the doing of any act in relation to the work involves an
infringement of copyright in some other work.'

a simple example:
in 1990, i release a software product with 4 modules.
on 1 jan 1995, someone claims ownership of 1 module. being a small time
business, i immediately stop producing.
on 2 jan 1995, someone else releases a software with my other 3 modules.

by law, i still am the copyright owner of that other 3 modules, and i
can ask the other guy to stop.

i believe something similar came up during the sco - ibm issue. if it
does go to the courts, then it will be very interesting.

agree with uwe with regards to
'copy-a-bit-here-and-copy-a-bit-from-there' dilemma and the need on
education.


Raja Iskandar Shah
http://riscniaga.netfirms.com
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