Re: including e-mail story in my book

From: Dan L Burk <BURKDANL[_at_]shu.edu>
Date: Mon, 13 Jul 1998 13:05:12 -0400

On 7/11/98, Rick O'Keefe <fredrick[_at_]tech-center.com> wrote:
>
> Barring legal cases which are pertinent, I would say that use of
> stolen goods is a crime.

The choice of words here is extremely unfortunate, as the subject matter of copyright can be infringed but not "stolen," and does not usually constitute "goods."

Additionally, "use" is not one of the exclusive rights under the U.S. copyright act (although it is under the patent act). If all that is done is to "use" an infringing copy, as opposed to reproducing, distributing, adapting, performing, or displaying it, then it would be unclear whether any violation had occured.

> However, as with many laws, who is going to trouble to prosecute?

Again, an unfortunate choice of terminology -- criminal prosecution is possible for infringement, but unlikely. A civil suit is also unlikely, unless the work is timely registered, in which case statutory damages and attorney's fees might provide sufficient incentive.

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Dan L. Burk
Seton Hall University
burkdanl[_at_]shu.edu

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Received on Mon Jul 13 1998 - 16:59:47 GMT