Carsten Bormann <cabo@tzi.org> wrote:
On Jan 20, 2012, at 11:25, Robert Bonomi wrote:
Public distribution without the permission of the copyright owner is illegal.
This is veering off the purpose of this list, but maybe it is operationally s This is veering off the purpose of this list, but maybe it is operationally s ignificant to be able to use the right terms when a law enforcement officer i s standing in the door.
The point is important because a lot of idiots are running around shouting "h e had all this copyrighted material on his computer!". Of course he had! Th ere are very few computers that don't carry copyrighted material, startinug f rom the BIOS.
By law, _EVERYTHING_ stored on a computer is copyrighted. Whether it is 'in memory', or on some more 'durable' media (disk,tape, etc.) the material has been 'fixed in a tangible medium of expression', and is thus covered by copyright. Copyright is automatic, and occurs when anything is first 'fixed' as described.
Without examining the legal context, such as purchasing histor ies, supreme court decisions etc., it is sometime really hard to say whether all of it got there in a legal way, and its presence may be an indication of previous illegal activity. But (at least wrt copyright law) it is never ille gal while sitting somewhere on a computer.
Sorry, but the last sentence is simply _not_ true. If the making of the copy was a violation of 17 USC 106 (1) or (2), it's existance is proscribed by law. if it is, by virtue of 'sitting somewhere on a computer', being 'offered to the public' [without benefit of express permission for that activity from the copyright owner(s)], that is a violation of 17 USC 106 (3),
So the next time somebody says "illegal content", think "hate speech" or "chi ld pornography", "lese-majeste" or "blasphemy", not copyrighted content. Alm ost everything on a computer is copyrighted.
Repeating: not 'almost everyting', but _absolutely_ everything. Nitpicking again, but the original references were to computers with 'illegal content' on them, and _not_ "files containing illegal content". A file, or other document, can be 'illegal', by reason of a 'making' in violation of 17 USC 106, or because it is being 'offered to the public, in violation of the same law, without the content of the file being illegal. Thus, content on a computer can be legally proscribed -- for reasons not involving the 'content of the content' as it were. :) Responsible (in _all_ meanings of that word :) parties are strongly advised _not_ to rely on any opinions expressed by any individual here, and to professionally consult competent legal counsel with expertise in this specific area for an authoritative opinion.