Re: Copyright years in source code

[Michael J. Tubby B.Sc. MIET]

    Hi Gary, et al

On 08/05/2020 19:10, Gary E. Miller wrote:

> Yo Sanjeev!
>
> On Sat, 9 May 2020 00:55:08 +0800
> Sanjeev Gupta <address@hidden> wrote:
>
> > On Thu, May 7, 2020 at 3:42 AM Gary E. Miller via devel
> > <address@hidden> wrote:
> >
> > > I did this at the suggestion of Mark Atwood.  He is project head for
> > > gpsd, NTPsec and other projects.  He also works at Amazon on
> > > software license issues.  The MAGA have deemed that the current
> > > copyright notices in gpsd are the way they all want it done.
> > >  
> > >         
> > Gary, my proposal was to follow what NTPsec is doing, exactly.
> >       
> yes, but I partly disagree.
>     
    
    noted
    
> > Currently:
> >
> > NTPsec: Copyright Some-Name <some-email>
> > GPSd: Copyright (c) Some-Year Some-Name <some-email>
> >       
> Uh, no.  I removed all of the (c) in the top level of gpsd and most of
> the rest.  (c) never meant anything in any legal system.
>
> I think the year of first publication still has some use as it disambiguates
> which version of copyright law applies.
>     
    
    Where there is Bern and WTO for un-ambiguous, world-wide,
    recognition of a Copyright claim my IPO lawyers inform be that best
    short-form for remains:
    
        <Item of work> is Copyright (c) <Year> by <name
    of organisation>. All Rights Reserved.
    
    for example:
    
        SillySoft is Copyright (c) 2020 by Yoyodyne Inc. USA.  All
    Rights Reserved.
    
    furthermore, some jurisdictions (especially USA) have additional
    clauses for Government and Military use:
    
        https://jenner.com/system/assets/assets/1051/original/Briefing_Papers_May_2005.pdf
        
    
    over simplifying copyright claims (the current trend) could weaken
    your position with respect to reserved rights.
    
    
    In our Standard Terms and Conditions of Business, we have been
    advised to include:
    
        21. Restricted Rights Legend (US Government)
    
        21.1 Any Software which is downloaded or purchased from this
    website for or on behalf of the United States of America, its
    agencies and/or instrumentalities (“U.S. Government”), is provided
    with Restricted Rights.
    
        21.2 Use, duplication, or disclosure by the U.S. Government is
    subject to restrictions as set forth in subparagraph (c)(1)(ii) of
    the Rights in Technical Data and Computer Software clause at DFARS
    252.227-7013 or         subparagraphs (c)(1) and (2) of the
    Commercial Computer Software – Restricted Rights at 48 CFR
    52.227-19, as applicable.
    
        21.3 The manufacturer is Yoyodyne Systems Limited. 
    
    
    If in doubt consult an IPO laywer.
    
    
    Regards
    
    
    Mike
    
    
    
> RGDS
> GARY
> ---------------------------------------------------------------------------
> Gary E. Miller Rellim 109 NW Wilmington Ave., Suite E, Bend, OR 97703
> 	address@hidden  Tel:+1 541 382 8588
>
> 	    Veritas liberabit vos. -- Quid est veritas?
>     "If you can't measure it, you can't improve it." - Lord Kelvin
>

--

Michael J Tubby B.Sc. (Hons) MIET / Technical Director
Email: address@hidden
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