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Re[2]: copyright

From: <dgoulet_at_vicr.com>
Date: Tue, 11 Feb 2003 12:39:16 -0800
Message-ID: <F001.00549FFC.20030211123916@fatcity.com>


Dave,

    There are a few folks running around this world, me included, who really don't care if you or anyone else begs, borrows, or steals the scripts/source code we've written so long as they either server a purpose or lead to something better. Assuming I'm Tim, my reply would be "Have a ball!!"

Dick Goulet

____________________Reply Separator____________________
Author: Dave Morgan <dvmrgn_at_1001111.com>
Date:       2/11/2003 10:56 AM

Hi Tim,
        A few thoughts,

>It's a script
        - Oracle RDBMS is a bunch of scripts
>It was posted on the internet
        - Oracle is available on the internet
        

Does this mean I can download Oracle, place it on my website legally, call it notoracle and sell it?

Or ....

I found this script on the web

#!/bin/ksh
#============================================================================
# File: oramem.sh
# Type: UNIX korn-shell script
# Author: Tim Gorman, Sagelogix Inc.
# Date: 28jun02
#
# Description:
#
# This shell script utilizes the "pmap -x" command to total up the
# total amount of virtual memory used by all of the Oracle server
# processes (both "background" and "foreground") belonging to a
# database instance.
#
# Modifications:
# TGorman 28jun02 written for Solaris 2.8

How about if I put this on my website after I remove all references to yourself and SageLogix and claim to be the author?

How about if I rewrite in bourne sh, keep all the references and post it?

The first is definitely illegal, the second might be, (you don't explicitly give permission to copy the script, but accepted practise in the area is that attribution is enough). You will definitely be unhappy with the first, you might be proud you were attributed in the second.

Some basic facts, Jared wrote it, Jared owns the copyright. The fact that he makes it publically available is irrelevant. Oracle is using his work, without attribution in a paid service. (Metalink, from which the page is now unavailable, gee I wonder why).

A copyright is intellectual property, removal of a copyright notice is illegal. Consult SageLogix's lawyers, mine would have loved to work for Jared, would have done it on contigency basis. Bad manners is not an acceptable legal defence.

This has everything to do with copyrights, patents, and theft. Personally, I think it adds to Jared's reputation but what happens if this is not challenged and 5 years from now they come back at Jared and say you are distributing one of our scripts? Defending oneself in that situation would be impossible.

Tilting at windmills. Protesting illegal actions taken by large corporations is futile? Standing up for ones rights is pointless?

Come to Canada where we know how to treat monopolies ;-) Badly

An apology, for protecting his intellectual capital, especially since the offending page has (again) been removed. OK.

Jared, if I have interfered unseemingly in your life I am sorry, but I think minor issues like this can hve very wide ramifications. However, this belief does not give me to right to interfere. I did not email Oracle, the only comment was to this forum.

Dave

> 
>  From: "Tim Gorman" <Tim_at_SageLogix.com>
>  Date: Mon, 10 Feb 2003 21:12:17 -0700
>  Subject: Re: dump.sql
> 
> This has nothing to do with copyrights, patents, reputation, or IP.
> It's a
> script.  It was posted on the internet.  Nothing more than a case of bad
> manners.
> 
> There is no disservice in not tilting at this particular windmill.  You
> owe
> Jared an apology.
> 
> --

-- 
Dave Morgan
Operations Manager, Rigskills Canada
Canada's Geographical Oilfield Services Locator
http://www.rigskills.ca
dvmrgn_at_rigskills.ca
403 399 2442
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Please see the official ORACLE-L FAQ: http://www.orafaq.net
-- 
Author: Dave Morgan
  INET: dvmrgn_at_1001111.com

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Received on Tue Feb 11 2003 - 14:39:16 CST

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