Re: Beall-Steal 2001

I do not in any way want to defend what Mr. Beall
is alleged to have done. What has been presented
indicates that questions from the archives have shown up on
his web site unattributed, and implied to be
creations of his organization.

But my questions are
this: Tim says,

"While the law of "fair use" has
few absolutes, and its history is peppered with gray
area "equity" judgments, here's one you can take to
the bank : If you take from a copyrighted work
something of value, attempt to pass it off as your own as
part of a commercial venture in such a way as to
undermine its inherent value (monetary or otherwise), a
"fair use" defense will about as useful to you as
mosquito repellent in Antarctica."

But, is a
question, or packet, once placed in the archives as they
exist, still under copyright; and if so, who possesses
the copyright? If it is not under copyright, can the
donation process to the archives be altered to allow use
of archive packets for practice while prohibiting
question recycling for re-use in tournaments, or at least
requiring people to cite the origin of the question when
re-using it for commercial purposes? And, if the questions
donated to the archives are still under copyright, is the
copyright owned by the creator(s) of the packet, the
program that submitted the packet, and/or the sponsor of
the archive; and what specific rights do they
hold?

My first and third questions are somewhat redundant.
But I think what should be clearly understood is: who
owns what and when do they own it, and at what points
do rights transfer? Then we can look at the issues
of thievery, ethics, compensation, and damages; and
clearly condemn theft of ides and misappropriation of
credit.

Still, if you have to lift questions from the archives
verbatim in order to keep your enterprise going, IMO
you're a no-talent hack. At best.

Tom

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