full-disclosure - Re: Cisco's stolen code

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Message-ID: <8815558.1085529289917.JavaMail.ericscher@mac.com>
From: ericscher at mac.com (Eric Scher)
Subject: Re: Cisco's stolen code

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>On Tue, 2004-05-25  Tobias W.  wrote:
>
>Well, let's face the simple facts. Cisco's code is copyrighted and it's
>illegal to copy it, distribute it or even use it. There's no way around
>it. 
----------------------------------------------------------

STATEMENT: "There's no way around it."

RESPONSE: I beg to differ. No disrespect intended, but given the mission statement for the Full Disclosure mailing list, the use of the "stolen code" clearly falls under the "FAIR USE" exemption of copyright law. Having said that, there may be criminal and civil liability issues involved in possessing, transfering or receiving said code, but it is manifestly not a violation of copyright law.

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UNITED STATES CODE - TITLE 17 - CHAPTER ONE - SECTION 107

Sec. 107.  -  Limitations on exclusive rights: Fair use 

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.  In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -        

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit       educational purposes;        

(2) the nature of the copyrighted work;        

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and        

(4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors 
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Yours Truly,
Eric S. - Geek, Legal Eagle and BBQ Master.