Hyman Rosen wrote:
On 4/12/2010 11:53 AM, RJack wrote:
17 USC Sec. 506. Criminal offenses... (e) False Representation. —
Fortunately, there is no false representation involved here.
"Perens claims that this lawsuit is being undertaken without his
consent, even though the version of BusyBox disputed in the lawsuit
is mostly his work - in other words, he holds the copyright.
Every person who has created a derivative version of BusyBox holds
the copyright to BusyBox. Erik Andersen's claim to be the copyright
owner of BusyBox does not affect Bruce Perens' claim to be copyright
owner. We also know from Gaiman v. McFarlane that registering a
copyright only indicates the registrant's interest as copyright
holder, and does not impugn the rights of anyone else.
<http://en.wikisource.org/wiki/Gaiman_v._McFarlane> and anyway
McFarlane’s registrations no more revealed an intent to claim
copyright in Gaiman’s contributions, as distinct from McFarlane’s own
contributions as compiler and illustrator, than the copyright notices
did. The significance of registration is that it is a prerequisite to
a suit to enforce a copyright.
It is not necessary to obtain the consent of all the copyright
holders in order to sue for copyright infringement.
Your cited case is about statutes of limitations in compilations Numb
Nuts. Go twist somebody else's dicta.
"All that is important in this case is that it is no more the purpose of
registration to start statutes of limitations running than it is the
purpose of the copyright notice itself to do so."
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