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

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

Ola Fosheim Gr=F8stad wrote:
> Thus the Bern convention applies I think
> (http://www.wipo.org/eng/iplex/wo_ber0_.htm).
>=20
> But there are *SCREAM* probably other treaties and conventions that app=
ly
> (WTO?)...

[...]

> Is the Internet communication by wire? But storage on a harddisk probab=
ly
> constitutes publication, or? Are there any later conventions that overr=
ule
> this? :)=20

Actually it is called "WIPO Copyright Treaty (WCT) (1996)" :-)) and inclu=
des
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 an=
y
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 Par=
is
version of Bern (1971).  The frame http://www.wipo.org/eng/iplex/index.ht=
m
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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