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Re:Only Looking for a Mutually Beneficial Resoluti

Posted by: Anonymous Coward on September 19, 2004 03:41 AM
IANAL nor am I Mr. Connolly. However I am a programmer with an interest in copyright issues.

There is no question that Mr. Sakic does not have sole ownership of the output code. There is _also_ no question that Mr. Sakic generated a valid copyright claim on his modifications. If I modify your document, you do not wind up with ownership of my efforts - we both have claims on the final output. Overlapping copyright claims to the same text are frequent and are a well-understood situation in copyright law.

I believe that any lawyer would agree that the contract says that the generated claim is assigned to Mr. Connolly. Therefore Mr. Connolly is a copyright holder to that section of code, and copying, modification, distribution etc may not take place unless permitted by fair use or by all copyright holders, including Mr. Connolly.

The only real legal question that I see is a question of fact - was what went into Mambo actually the copyrighted code or did Eric Sakic (as he now claims) write it again.

Again, IANAL and this is not legal advice.

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