[WikiEN-l] GFDL lawsuits - who can sue?
wikilegal at inbox.org
Tue May 16 12:12:47 UTC 2006
Thanks for the link. I was unaware of this particular law.
The law you point out seems to be written as a law against society,
with the fine going to the government. Maybe the courts have also
recognized it as a tort, though.
Also, as you mention, the standard (fraudulent intent) is quite high.
On 5/15/06, Fastfission <fastfission at gmail.com> wrote:
> On 5/15/06, Anthony DiPierro <wikilegal at inbox.org> wrote:
> > Is it illegal to claim you have copyright control over something you
> > do not? I'm sure there are plently of laws against claiming you
> > *wrote* something you didn't, but if you properly attribute the
> > authors but tack on a false claim of copyright, I don't see how that
> > can be illegal.
> As I understand it (again, I am not in any way a lawyer), the relevant
> parts of U.S. copyright law are:
> (c) Fraudulent Copyright Notice. - Any person who, with
> fraudulent intent, places on any article a notice of copyright or
> words of the same purport that such person knows to be false, or
> who, with fraudulent intent, publicly distributes or imports for
> public distribution any article bearing such notice or words that
> such person knows to be false, shall be fined not more than $2,500.
> (d) Fraudulent Removal of Copyright Notice. - Any person who,
> with fraudulent intent, removes or alters any notice of copyright
> appearing on a copy of a copyrighted work shall be fined not more
> than $2,500.
> (e) False Representation. - Any person who knowingly makes a
> false representation of a material fact in the application for
> copyright registration provided for by section 409, or in any
> written statement filed in connection with the application, shall
> be fined not more than $2,500.
> >From http://caselaw.lp.findlaw.com/casecode/uscodes/17/chapters/5/sections/section%5F506.html
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