12 Mar
2017
12 Mar
'17
6:03 p.m.
On Sun, Mar 12, 2017 at 5:40 PM, Fred Cisin via cctalk
<cctalk at classiccmp.org> wrote:
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.
> I have a
number of binders that have pretty thorough AIX documentation,
> but
> the trouble is, there are from security classes that were taught by
> private
> 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. 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).
Warner