Re: [ILUG] Microsoft V Slashdot

From: John McCormac (jmcc at domain hackwatch.com)
Date: Fri 12 May 2000 - 12:05:27 IST


"John P. Looney" wrote:
>
> On Fri, May 12, 2000 at 09:51:34AM +0100, Anton Mc Kee mentioned:
> > > What is Irish law like in this area?
> >
> > If actual documents were published well then Irish copyright law would apply
> > no matter what the media was that they would have been trasmitted in.
>
> What about fair use ? You can copy upto 10% of a document, to make a
> point, or in research...

It all depends on how the document was obtained. M$ most likely would
try to argue that it was protected as a trade secret. Of course you
could have a scenario like that 2600/ATT (?) trial a few years ago where
the telco was claiming confidential trade secrets were being disclosed
with a ridiculous amount being claimed in damages and 2600 proved that
you could buy the complete document for $19 or so.

> What about if someone read aloud the document, and you paraphrased it ?

Nah. By claiming it is a trade secret, disclosure is still disclosure.
Paraphrasing is ok in a state with freedom of the press where the rights
of journalists are respected. However in the banana republic (Great song
that :-) ) the scumbag with the most expensive lawyer wins. I think that
a public interest defence would be valid in this M$ vs Slashdot case
especially if M$ bollixed up some implementation or other. This would be
strengthened if it could be shown that companies relying on M$'s
bollixed implementation could unwittingly suffer serious financial or
physical damage from using M$'s bollixed product.

Regards...jmcc

-- 
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John McCormac            * Hack Watch News
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BBS&Fax: +353-51-850143  * Ireland
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