[LINK] 0wning your copyrights

Alan L Tyree alan at austlii.edu.au
Wed Aug 2 17:35:54 AEST 2006


On Wed, 2 Aug 2006 16:48:56 +1000
Kim Holburn <kim at holburn.net> wrote:

> I don't know, I thought clicking a button was equivalent to
> "signing" a contract?  Isn't that how EULAs work?  And aren't they
> binding contracts, even if you can't read them before you open the
> packet?
Copyright Act:
196  Assignments and licences in respect of copyright

             (1)  Copyright is personal property and, subject to this
section, is transmissible by assignment, by will and by devolution by
operation of law.

             (2)  An assignment of copyright may be limited in any way,
including any one or more of the following ways:

                     (a)  so as to apply to one or more of the classes
of acts that, by virtue of this Act, the owner of the copyright has the
exclusive right to do (including a class of acts that is not separately
specified in this Act as being comprised in the copyright but falls
within a class of acts that is so specified);

                     (b)  so as to apply to a place in or part of
Australia;

                     (c)  so as to apply to part of the period for
which the copyright is to subsist.

             (3)  An assignment of copyright (whether total or partial)
does not have effect unless it is in writing signed by or on behalf of
the assignor.

             (4)  A licence granted in respect of a copyright by the
owner of the copyright binds every successor in title to the interest
in the copyright of the grantor of the licence to the same extent as
the licence was binding on the grantor.


> 
> On 2006 Aug 02, at 4:35 PM, Howard Lowndes wrote:
> > I wonder how far that would get in the US where transfer of  
> > copyright has to be by specific written instrument.  This is one
> > of the key arguments in SCO/IBM and SCO/Novell.
> >
> > Kim Holburn wrote:
> >> Interesting article in the beeb online about websites taking your  
> >> copyrights.
> >> Fighting sites that hijack rights
> >> http://news.bbc.co.uk/2/hi/technology/5224146.stm
> >> Related links:
> >> http://www.troubleshooters.com/passport/offending_material.htm
> >> http://www.theregister.co.uk/2001/03/30/all_your_data_and_biz/
> >> -- 
> >> Kim Holburn
> >> Network Consultant
> >> Ph: +61 2 61258620 M: +61 417820641  F: +61 2 6230 6121
> >> mailto:kim at holburn.net  aim://kimholburn
> >> skype://kholburn - PGP Public Key on request
> >> Cacert Root Cert: http://www.cacert.org/cacert.crt
> >> Aust. Spam Act: To stop receiving mail from me: reply and let me  
> >> know.
> >> Use ISO 8601 dates [YYYY-MM-DD] http://www.saqqara.demon.co.uk/ 
> >> datefmt.htm
> >> In pre 9/11 US, you check out books at the library. In Bush's  
> >> America, the library checks out you!
> >>                           -- with apologies to Yakov Smirnov
> >> _______________________________________________
> >> Link mailing list
> >> Link at mailman.anu.edu.au
> >> http://mailman.anu.edu.au/mailman/listinfo/link
> >
> > -- 
> > Howard.
> > LANNet Computing Associates - Your Linux people <http:// 
> > lannetlinux.com>
> > When you want a computer system that works, just choose Linux;
> > When you want a computer system that works, just, choose Microsoft.
> > --
> > Flatter government, not fatter government; abolish the Australian  
> > states.
> >
> 
> -- 
> Kim Holburn
> Security Manager, National ICT Australia Ltd.
> Ph: +61 2 61258620 M: +61 417820641  F: +61 2 6230 6121
> mailto:kim.holburn at nicta.com.au  aim://kimholburn
> skype://kholburn - PGP Public Key on request
> Cacert Root Cert: http://www.cacert.org/cacert.crt
> Aust. Spam Act: To stop receiving mail from me: reply and let me know.
> Use ISO 8601 dates [YYYY-MM-DD] http://www.saqqara.demon.co.uk/ 
> datefmt.htm
> 
> Democracy imposed from without is the severest form of tyranny.
>                            -- Lloyd Biggle, Jr. Analog, Apr 1961
> 
> 
> 
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> http://mailman.anu.edu.au/mailman/listinfo/link
> 


-- 
Alan L Tyree                    http://www2.austlii.edu.au/~alan
Tel: +61 2 4782 2670            Mobile: +61 427 486 206
Fax: +61 2 4782 7092            FWD: 615662



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