[MUD-Dev] Re: Semi-OT: International intellectual property rights

[Ola Fosheim Grøstad <olag#ifi,uio.no>]

Ola Fosheim Grøstad wrote:
> Thus the Bern convention applies I think
> (http://www.wipo.org/eng/iplex/wo_ber0_.htm).
> 
> But there are *SCREAM* probably other treaties and conventions that apply
> (WTO?)...

[...]

> Is the Internet communication by wire? But storage on a harddisk probably
> constitutes publication, or? Are there any later conventions that overrule
> this? :) 

Actually it is called "WIPO Copyright Treaty (WCT) (1996)" :-)) and includes
the entire Bern Convention, but makes some extentions. It is not yet in
force, but I think such laws protects earlier works as well.

Quoting off WIPO:

  <<Computer programs are protected as literary works within the meaning of
Article 2 of the Berne Convention. Such protection applies to computer
programs, whatever may be the mode or form of their expression.>>

and more importantly it covers (from a WIPO interpretation):

  <<the right of communication to the public is the right to authorize any
communication to the public, by wire or wireless means, including "the
making available to the public of works in a way that the members of the
public may access the work from a place and at a time individually chosen by
them." The quoted expression covers in particular on-demand, interactive
communication
through the Internet.>>

Ok, MUDs are covered then. However:

  <<It is understood that the mere provision of physical facilities for
enabling or making a communication does not in itself amount to
communication within the meaning of this Treaty or the Berne Convention.>>

Does this mean that we are not liable for what MUD users do?

As far as ratification goes, most countries seem to have ratified the Paris
version of Bern (1971).  The frame http://www.wipo.org/eng/iplex/index.htm
contains all the relevant treaties though.  You will find international
patent law on WIPO as well.  What a fun place!

--
Ola Fosheim Groestad,Norway      http://www.stud.ifi.uio.no/~olag/


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