On the legal protection of computer programs and databases. [1/2]

I have highlighted the most interesting points, in my opinion. But I recommend reading
everything. I confess that this was the first time I _completely_ read this document (although I knew some of the quotes before, including the optional registration of the program) and
I saw a lot of new and useful things for any programmer on any
platform. By the way, I have not found any documents regulating the production of programs using other software or programming languages ​​as
tools. Considering the specifics of the base, I believe that they do not exist. In other words, using unlicensed software is not legal,
but it is not a basis for depriving you of the copyright to your programs, and
also does not prohibit your programs from bringing you profit. If anyone
has documents that refute this conclusion of mine, I ask you to present them to
complete the picture.

══════════╡ImportBegin Z009991.TXT╞════════════════════════════════

SUPREME COUNCIL
OF THE RUSSIAN FEDERATION

LAW

dated September 23, 1992 N 3523-1

On the legal protection of programs for electronic
computers and databases

Chapter 1. GENERAL PROVISIONS

Article 1. Basic concepts
1. Basic concepts used in this Law:
a computer program is an objective form of representation
of the totalitydata and commands intended for the
functioning of electronic computers (computers) and
other computer devices in order to obtain a specific
result. A computer program also means
the preparatory materials obtained during its development
and the audiovisual displays generated by it;

a database is an objective form of presentation and
organization of a set of data (for example, articles, calculations),
systematized in such a way that this data can
be found and processed using a computer;
adaptation of a computer program or database is
making changes, carried out solely for the purpose of
ensuring the functioning of a computer program or database
database on specific technical means of the user or
under the control of specific user programs;
modification (processing) of a computer program or
database is any of their changes that are not adaptation;
decompiling a computer program is a technical
technique that includes converting object code into source
text in order to study the structure and coding of the program for
computers;
reproduction of a computer program or database is
the production of one or more copies of a computer program
or database in anymaterial form, as well as their recording
in the computer memory;
distribution of a computer program or database is
providing access to a computer program or database reproduced in any
material form, including
network and other methods, as well as by sale,
hire, leasing, lending, including import
for any of these purposes;
release into the world (publishing) a computer program or
database is the provision of copies of a computer program or
database with the consent of the author to an indefinite number of persons (including
by recording in the computer memory and issuing printed
text), provided that the number of such copies must
satisfy the needs of this circle of persons, taking
into account the nature of the specified works;
use of a computer program or database - this is
publication, reproduction, distribution and other
actions for their introduction into economic circulation (including in
modified form). The use of a
computer program or database is not considered to be the transmission of messages by
mass media and a published computer program or database.
2. In this Law, the right holder means the
author, his heir, as well as any individualor
a legal entity that has exclusive
property rights obtained by force of law or
agreement.

Article 2. Relations regulated by this Law
1. This Law and legislative acts of the republics adopted on its basis within the Russian
Federation regulate relations related to the creation,
legal protection and use of computer programs and databases
databases.

> 2. Computer programs and databases are treated by this
> Law as objects of copyright. Computer programs
> are provided with legal protection as works of literature
> and databases - as collections.

Article 3. Object of legal protection
1. Copyright extends to any
computer programs and databases, both released and not released, provided in an objective form, regardless of their
material carrier, purpose and dignity.
2. Copyright the right extends to computer programs and databases that are the result of the creative activity of the author. The creative nature of the author's activity
is assumed until the contrary is proven.
3. The legal protection provided by this law
applies to all types of computer programs (includingon
operating systems and software packages), which can
be expressed in any language and in any form, including
source text and object code.
4. The legal protection provided by this Law
extends to databases that are
the result of creative work on the selection and organization of data.
Databases are protected regardless of whether
the data on which they are based or which they include
objects of copyright.

> 5. The legal protection provided by this Law does not
> extend to the ideas and principles underlying
> a computer program or database or any
> element, including ideas and principles of organization
> of the interface and algorithm, as well as programming languages.

6. Copyright to computer programs and databases is not
connected with the right of ownership of their material medium.
Any transfer of rights to a material medium does not entail
the transfer of any rights to computer programs and databases.

> Article 4. Conditions for recognition of copyright
> 1. Copyright to a computer program or database
arises by virtue of their creation. To recognize and exercise
> copyright in a computer program or databaseno
> deposit, registration or compliance with other
formalities is required.
> 2. The copyright holder, to notify about his rights, may,
> starting from the first release of a computer program or database
> data, use a copyright protection symbol, consisting
> of three elements:
> the letter C in a circle or in parentheses;
> name (name) copyright holder;
> year of first release of a computer program or database in
> light.

Article 5. Copyright in a database
1. Copyright in a database consisting of
materials that are not objects of copyright
belongs to the persons who created the database.
2. Copyright in the database is recognized subject to
compliance with copyright for each of works
included in this database.
3. Copyright for each of the works included
in the database is retained. These works may
be used independently of such a database.
4. Copyright in the database does not prevent other
persons from independently selecting and organizing
works and materials included in this database.

Article 6. Duration of copyright
1. Copyright is valid from the datecreation
of a computer program or database throughout the life of the author
and 50 years after his death, counting from January 1 of the year following
the year of death of the author.
2. The expiration date of copyright for a computer program
and database created in collaboration is calculated
from the time of the last author who survived other co-authors.
3. Copyright for a computer program or database data
released anonymously or under a pseudonym is valid from the moment
of their publication for 50 years. If the author of a computer program or database published anonymously or under a pseudonym reveals his identity within the specified period
or the pseudonym adopted by the author leaves no doubt about his identity, then the period of protection provided for in paragraph
1 of this article applies.

> 4. The personal rights of the author to a computer program or database
of data are protected indefinitely.

Article 7. Scope of this Law
Copyright to a computer program or database,
first published on the territory of the Russian Federation
or not published, but located on its territory in
any objective form, is valid on the territory
of the Russian Federation. It is recognized for the author, his
heirs or other legal successors of the author, regardless of
citizenship.
Copyright is also recognized for citizens
of the Russian Federation, a computer program or database
which has been published or is in any
objective form on the territory of a foreign state, or
their legal successors.
For other persons, copyright for a computer program
or database, first published or located in
any objective form in the territory of a foreign
state, is recognized in accordance with international
treaties of the Russian Federation.

Chapter 2. EXCLUSIVE COPYRIGHT

Article 8. Authorship
1. The author of a computer program or database is recognized as
an individual, as a result of the creative activity
of which they were created.
If a computer program or database is created
by a joint creative activities of two or more individuals, then regardless of whether a computer program or a database consists of parts, each of which has independent significance or is indivisible, each of these persons is recognized as the author of such a computer program or database.
2. If parts of a computer program or database have independent significance, each of the authors has the right of authorship to the created part.

>Article 9. Personal rights
> The author of a computer program or database, regardless of
> his property rights, has the following personal rights:
> the right of authorship - that is, the right to be considered the author
> of a computer program or database;
> the right to a name - that is, the right to determine the form of indication
> of the author's name in a computer program or database: under his own
> name, under a code name (pseudonym) or anonymous;
> the right to inviolability (integrity) - that is
> the right to protection of both the computer program or database itself
> and their names from any kind of distortion or other
> attacks that could damage the honor and dignity
> of the author.

> Article 10. Property rights

> To the author of a computer program or database or another
> the copyright holder has the exclusive right to carry out
> and (or) permit the following actions:
> release of a computer program or database;

> reproduction of a computer program or database
> (full or partial) in any form, by any means;
> distribution of a computer program and database;

> modification of a computer program or database, including
> including translation of a computer program or databases withone
> language to another;

> other use of a computer program or database.

Article 11. Transfer of property rights
1. Property rights to a computer program or
database may be transferred in whole or in part to other
individuals or legal entities under an agreement.

> The agreement is concluded in writing and must
> establish the following essential conditions: the scope and methods
> of using the program for Computers or databases, procedure
> of payment and amount of remuneration, duration of the contract.

2. Property rights to a computer program or
database are inherited in the manner prescribed by law.

══════════╡ImportEnd Z009991.TXT╞════════════════════════════════

Sincerely, Dmitry (OLDMAN).
ZXNet: 095/100.1
old...@i-connect.ru

Sat December 13 1997 17:15, Dmitry Grigoryev wrote All:

SH> SUPREME COUNCIL
SH> OF THE RUSSIAN FEDERATION

SH> LAW

SH> dated September 23, 1992 N 3523-1

SH> On the legal protection of programs for electronic
SH> computers and databases

Isn’t the law a little outdated? It seems that there have been changes and additions, y
specialists need to handle it.
Maybe there is a prof here. lawyers?

Alex.

AP> Isn’t the law getting old? It seems that there were changes and additions, we need to cope

Five years? Not too old. There were no changes/additions to this document specifically. And it’s not cancelled;) What didn’t suit you? There are no words "for changing a pair of bytes - for a count!"? ;)

AP> y specialists. Maybe there is a prof here? lawyers?

I mentioned the URL, the database is in perfect order and is updated regularly, the libraries
have not been canceled yet. Check and report the results. Okay?

AP> Alex.

DG> In my opinion, I have highlighted the most interesting moments. But I recommend
DG> to read everything. I admit, this was the first time I _completely_ read this document (although
DG> I knew some quotes before, including about the optional
DG> registration of a program) and saw a lot of new and useful things for
DG> any programmer on any platform.
:)))) I’m very glad that the dispute ~ six months ago regarding copyright
right was not in vain for you. Albeit late, but you still decided
to get acquainted with the law.
DG> By the way, I did not find any documents regulating the production of programs with
DG> using other software or programming languages as
DG> tools.
IMHO, even a professional lawyer will break his leg, and even less so a “mere mortal”
... But, if If you still hope to understand something, then turn your attention to Article 17, paragraph 2 - “Counterfeit programs”. If you “wrinkle your mind” a little, then you will understand everything yourself... And if you don’t understand it yourself, then contact some lawyer, he will explain it to you in a more understandable language.

DG> Considering the specifics of the database, I believe that they do not exist.
:))))))))) That is. You, having found the law as amended 5 years ago, and having understood little about it, decided that"It's still there" ?
DG> In other words, the use of unlicensed software is not legal, but neither
DG> is a basis for depriving you of copyright in your programs, and
DG> also does not prohibit your programs from bringing you profit.
Naturally, it does not prohibit it. But everything connected with defending your claim regarding violations of your copyright is very complicated. In general,
see above. And also, see Article 19 “Seizure of counterfeit copies...”
DG> If anyone has documents that refute this
DG> conclusion of mine, I ask you to present them to complete the picture.
No, well, that’s not interesting... Well, why do you always let it slip yourself?
Why don’t you say, for example, “my lawyer’s conclusion”, or
“my lawyer didn’t find anything on this issue”... Why just say “this is my conclusion”...
I’m not even saying that if you want, you can see that Articles 9 and 15
(point 1) “slightly” conflict with each other each other (more precisely, it is very easy to make one so that one would contradict the other)...

■ Night is shorter than day... Day will kill me... The world of illusions burns out in it. (C) Aria.

Wed 17 Dec 1997 16:33, Evgeny Milun wrote to Dmitry Grigoryev:

EM> I’m not saying at all that if you want
EM> you can see that articles 9 and 15 (point 1) “a little” conflict
EM> with each other (more precisely, it is very easy to make one
EM> contradict the other)...

There are no special contradictions there. And this was explained in Spectrophone.
Look at the SPF response you so disliked to the letter from the SoK group. Find the words: "...
nobody bothers you to change two bytes in the Stalker program..." and further in the text.

---<<<------------------------------------------------------ Yuri.

EM> IMHO, even a professional lawyer will break his leg, and even more so a “mere
EM> mortal”... But, if you still hope to understand something, then
EM> turn your attention to Article 17, paragraph 2 - “Counterfeit programs”. If
EM> you “wrinkle your mind” a little, then you will understand everything yourself... And if you don’t understand it yourself,
EM> then contact some lawyer, he will explain it to you in a more
EM> understandable language.

:)) You are our lawyer... “Counterfeit programs” are the lot of the accusing party. No one will listen to your
equivocations about the unlicensedness of the software you use when you
make excuses for hacking and distributing an author's program,
the developers of which filed a lawsuit against you.

EM> :))))))))) That is. You, having found the law as amended 5 years ago, and having understood little
EM> in it, decided that “things are still there”?

Present a more recent version of the law. You'll get tired of looking (abstractly)...

DG>> programs, and also does not prohibit your programs from bringing you profit.
EM> Naturally, it does not prohibit. But everything that
EM> is connected with defending your claim regarding violations of your copyright is very much complicated.
EM> In general, see above. And also, see Article 19 “Arrest of counterfeit
EM> copies...”

Stupidity. See two abovein paragraphs.

---<<<----------------------------------------------------- Yuri.

EM>> rights. In general, see above. And also, see Article 19 “Arrest
EM>> counterfeit copies...”

YM> Stupidity.

;) He just liked the word “counterfeit” - so incomprehensible that
he couldn’t even write it correctly both times ;) Can you imagine the scenes of these
“complications”? Try to maintain a serious look while mentally answering the question “What did you use to write your program?” :-)

Did you happen to notice that Milun admitted that for a year and a half he lied about his knowledge
of legislation, about his “professionalism” and
competence, which turned out to be exaggerated, and invented non-existent laws? Did he admit that you were right and
apologized for unreasonably ruining our nerves by showering us with insults and
ridicule? It seems, no... I only noticed the routine excuse of cheap flamers - “I’m so cunning, I finally got you to present the document.” No, “Milkeyway” is not sinking ;( I wouldn’t be surprised if he later turns everything around and begins to claim that
we were talking about the Patent Office, which has nothing to do with the registration of
programs at all... Should I show him once again the phrases addressed to you that I
reacted to?

YM> ---<<<-------------------------------------------------------- Yuri.

Friday December 19, 1997 14:09, Yury Matveyev wrote to Evgeny Milun:

YM> There are no special contradictions there. And this was explained in Spectrophone.
YM> Look at the SPF response you so disliked to the letter from the SoK group. Find the words:
YM> “... no one bothers you to change two bytes in the Stalker program...” and further
YM> through the text.

No, well, the contradiction can be “seen” in order to show off in court. But this is of little use - they would prefer to respect the rights of the author, rather than the excuses of the violator.
Usually, in order to avoid such disputes, civilized authors include in the package a license agreement or contract, which stipulates the rules
of use and prohibits certain actions that users
could perform by default, but cannot now, after the author's ban. The rights
of the authors to these actions are described in Article 9 (last paragraph), and about the agreement -
in Article 14.

That is, in my opinion, this is exactly what we are talking about there (well, I don’t have Milunov’s
habit of shouting “I have an excellent understanding of the law and in general, I know everything better than
everyone” ;) But indirect evidence - the presence of such agreements and
the corresponding clauses in them confirms my opinion.

Naturally, in the case of ZH, the copy protection, viewing and modification protection installed on the game speak for themselves - ZHIt was forbidden to break it and, especially, to distribute it (and even advertise your hack in a publication).
Spektrofon also talked about this a lot. Stalker, by the way, stipulated some
conditions for using STS in the help for it.

In general, no matter what justified changes are made in a commercial
program, in no case should it be distributed in a modified form - this
would already be a violation of the author’s property rights, strictly stipulated in the Law.

DG> ;) He just liked the word “counterfeit” - so incomprehensible that
DG> he couldn’t even spell it correctly both times ;) Can you imagine the scenes
DG> of these “complications”? Try to maintain a serious look while mentally answering
DG> the question “what did you use to write your program?” :-)
:))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))
No, Dmitry, you definitely suffer from periodic jamming
reason.
OK. Give me the phone number of that legal consultation, where did you pick up all this
?

Good luck! Evgeny.

With the quiet rustling of the HDD Wed December 17, 1997 07:15, Dmitry Grigoryev typed for
Alex Petrovskii:

SH> I mentioned the URL, the database is in perfect order and is regularly updated,
SH> libraries have not yet been canceled either. Check and report the results. Okay?

Repeat the URL, I accidentally dropped it.
I’ll tell you offhand that I pulled out something else:
By law, a program is equated to a book, and a database to a collection.
This article is about the fact that it is “possible” to write on stolen software and get “clean”
programs. It is prohibited to use counterfeit programs for commercial purposes, which means that programs created with them will be illegal. After all, if you rob
a person and squander this money, it will still be taken away from you.

And who knows whether the tax was paid on the sale of UFO1,2?
──══[ start 150_4.TXT ]══──
________________________________________________

July 19 1995 N 110-FZ
-+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+-

RUSSIAN FEDERATION

FEDERAL LAW

O INTRODUCTION OF CHANGES AND ADDITIONS
TO THE CRIMINAL PROCEDURE CODE OF THE RSFSR, THE RSFSR CODE
ON ADMINISTRATIVE OFFENSES AND THE LAW OF THE RUSSIAN
FEDERATION "ON COPYRIGHT AND RELATED RIGHTS"

Adopted
by the State Duma
June 16, 1995

1. Add Article 150.4 to the Code as follows:
“Article 150.4. Sale, rental and other illegal
use of copies of works or phonograms

Sale, rental rental or other illegal use for
commercial purposes of copies of works or phonograms in cases
if:
copies of works or phonograms are counterfeit in
in accordance with the legislation of the Russian Federation on copyright
rights and related rights, or
on copies works or phonograms contain false
information about their manufacturers and places of production, as well as other
information that may mislead consumers, or
copies of works or phonograms are destroyed or changed
copyright symbol or protection symbol related rights,
affixed by the owner of copyright or related rights -
entails a fine on citizens in the amount of from five to ten
minimum wages, and on officials in the amount of from
ten to twenty minimum wages withconfiscation
of counterfeit copies of works or phonograms.
The same actions committed by a person who during the year
was subject to administrative penalties for one of the violations
provided for in the first part of this article -
entail the imposition of a fine on citizens in from ten to twenty
minimum wages, and for officials in the amount from
thirty to fifty minimum wages with
confiscation of counterfeit copies of works or phonograms.
Confiscated in accordance with the first and second parts of this
article copies of works or phonograms are subject to destruction in
the order provided for in Article 244 of this Code, with the exception
of cases of their transfer to the owner of copyright or related rights
at his request.".
2. Article 202 after the numbers "150.2," supplement with numbers "150.4."
3. Clause 1 of Article 241 after the words "illegal trade in goods
the free sale of which is prohibited or limited," add
the words "trade, rental and other illegal use
of copies of works or phonograms."
4. Paragraph two of Article 290 after the numbers “150.2,” add the numbers
“150.4,”.

Article 3. Introduce the following changes and additions to the Law of the Russian Federation "On copyright
and related rights" (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 32, Art.
1242): 1. Add clause 35 to Article 35 4 with the following content:
"4. Related rights of foreign individuals and legal entities
are recognized on the territory of the Russian Federation in accordance with
international treaties of the Russian Federation.".
2. In Article 49:
the title should be stated as follows:
"Article 49. Civil and other measures for the protection of copyright and
related rights";
in paragraph 3, replace the words "or arbitration court" with the words
"arbitration court, investigative body, preliminary investigation bodies";
paragraph 4 shall be stated as follows:
"4. copies of works or phonograms are subject
to mandatory confiscation by a decision of a court or a single judge, as well as
by a decision of an arbitration court. Confiscated counterfeit copies of
works or phonograms are subject to destruction, except
cases of their transfer to the owner of copyright or related rights under his
authority. request. The court or the judge alone, as well as the arbitration courtmay
make a decision on the confiscation of materials and equipment used
for the manufacture and reproduction of counterfeit copies
of works or phonograms." the first paragraph 2 after the word “solely” shall be supplemented with the words
“, as well as the arbitration court”;
the second paragraph of paragraph 2 shall be stated as follows:
“If there is sufficient evidence of a violation of copyright or related rights
the investigative body, the investigator, the court or the judge are solely obliged
to take measures to find and seizure of copies of works
or phonograms in respect of which they are believed to be
counterfeit, as well as materials and equipment intended
for the production and reproduction of said copies of works
or phonograms, including, where necessary measures for their seizure and
transfer for responsible storage.".

Article 4. This Federal Law comes into force on the day of its
official publication. Article 2 of this Federal Law
comes into force simultaneously with the entry into force of the Criminal Code
of the Russian Federation.

President
of the Russian Federation
B.ELTSIN
Moscow, Kremlin.
July 19, 1995.
N 110-FZ
──══[ end 150_4.TXT ]══──

With respect Shor Kan.
In this In the world, only two things are infinite: the Universe and human stupidity.

>>use of a computer program or database, procedure
>>payment and amount of remuneration, duration of the agreement.

2. Property rights to a computer program or database
are inherited in the manner prescribed by law.

Article 12. Property rights to a computer program or
database created in the performance of official
responsibilities
1. Property rights to a computer program or database
data created in the performance of official duties
or on the instructions of the employer, belong to the employer, unless otherwise provided in the
agreement between him and the author.
2. The payment procedure and the amount of remuneration
are established by the agreement between the author and the employer.

Article 13. Right to registration
1. The copyright holder of all property rights to a computer program
or database directly or through his
representative during the validity period of the copyright may
at his own request register the computer program or database
by submitting an application to the Russian Agency for Legal Protection of Computer Programs, Databases and Topologies of Integrated Circuits (hereinafter referred to as the Agency).
2. Applications for official registration of the programfor a computer
or database (hereinafter referred to as the application for registration) must
relate to one computer program or one database.
The application for registration must contain:
an application for official registration of the computer program
or database indicating the copyright holder, as well as the author,
if he has not refused to be mentioned as such, and
their location (residence);
deposited materials identifying the computer program or database, including the abstract;
document confirming payment of the registration fee in the established amount or grounds for exemption from
payment of the registration fee, as well as to reduce its
size.
The rules for filling out an application for registration are determined by
the Agency.
3. After receiving the application for registration, the Agency
checks the availability of the necessary documents and their compliance
with the requirements set out in paragraph 2 of this article. If the verification result is positive, the Agency enters the computer program or database, respectively, into the Register of Computer Programs or the Register of Databases, issues the applicant a certificate of official registration and publishes information about registered computer programs and databases in
the official bulletin of the Agency.
At the request of the Agencyor on his own initiative
the applicant has the right, before publishing information in the official
bulletin, to supplement, clarify and correct the application materials.
4. The procedure for official registration, forms of certificate
of official registration, the composition of the data indicated in them
is established by the Agency. The Agency also determines
a list of information published in the official bulletin.
5. An agreement on the complete assignment of all property rights to a
registered computer program or database is subject to
registration with the Agency.
Agreements on the transfer of property rights to a computer program or a database may be registered with the Agency by agreement of the parties.
6. Information entered into the Register of Computer Programs or
Database Register is considered reliable until the contrary is proven.
Responsibility for the accuracy of the information specified information
is borne by the applicant.
7. For the implementation of actions related to the official
registration of computer programs and databases, contracts, and
publication of information, registration fees are charged.
Amounts, deadlines for payment of registration fees, as well as
grounds for exemption from their payment or reduction their
sizes are established by the Government of the Russian Federation.

Chapter 3. USE OF COMPUTER PROGRAMS AND DATABASESDATA

Article 14. Use of computer programs or databases
under an agreement with the copyright holder

> 1. The use of computer programs and databases by third parties (users) is carried out on the basis of an agreement
>with the copyright holder, except for the cases specified in
>Article 16 of this Law.
> 2. The agreement for the use of a computer program or a database
is concluded in written form.
> 3. When selling and providing mass users with
access to computer programs and databases, it is allowed
>to apply a special conclusion procedure contracts, for example
by setting out standard contract terms on transferred
copies of computer programs and databases.

Article 15. Free reproduction and adaptation
of computer programs and databases

> 1. The person lawfully owning a copy of the program for a

^^^^^^^^^^

>computer or database, has the right, without obtaining additional
>permission from the copyright holder, to carry out any actions
>related to the functioning of the computer program or database
>data in accordance with its purpose, including recording and
>storage in computer memory, as well as correction of obvious errors.
>Recording and storage in computer memory is permitted in relation toone
>computer or one user on the network, unless otherwise
>provided for in the agreement with the copyright holder.
> 2. As an exception to the provisions of paragraph three of Article 10
>of this Law, the person lawfully owning a copy

^^^^^^^^^^

>of the program for a computer or database, has the right, without the consent
>of the copyright holder and without paying him additional
remuneration:
> to adapt the program for the computer or database
>database;
> to make or commission the production of a copy of the program
>for the computer or database, provided that this copy
>is intended only for archival purposes and if necessary (
>in the event that the original computer program or database
>is lost, destroyed or has become unusable) to
>replace a legally purchased copy. In this case, a copy
>of a computer program or database cannot be used
>for other purposes and must be destroyed if
> further use of this computer program or database
> ceases to be lawful.

3. The person lawfully owning a copy of the program for

> ^^^^^^^^^^

A computer has the right without the consent of the copyright holder and without paying
additionalcompensation to decompile or entrust
decompilation of a computer program in order to study
the coding and structure of this program under the following
conditions:
information necessary for the interaction of an independently
developed database by a given person of the computer program with other
programs is not available from other sources;
the information obtained as a result of this
decompilation can be used to organize
the interaction of a computer program independently developed by this person with other programs, and not for compiling
a computer program that is substantially similar in appearance to
the computer program being decompiled or for carrying out
any other action that violates copyright;
decompiling is carried out in relation to only those
parts of the computer program that are necessary to organize
such interaction.

Article 16. Free resale of a copy of the program

3. The employer has the right to indicate his name or require such
instructions.
4. To create, in the performance of official duties or
official assignments of the employer, encyclopedias, encyclopedic
dictionaries, periodical and ongoing collections of scientific works,
newspapers, magazines and other periodicals (clause 2 of Article 11
of this Law) the provisions of this article do not apply.

Article 15. Personal non-property rights

1. The author in relation to his work has the following
personal non-property rights:
the right to be recognized as the author of the work (the right of authorship);
the right to use or allow the use of a work under
the author's true name, a pseudonym, or without designation of a name,
that is, anonymously (right to name);
the right to publish or permit the work to be published in
any form (the right of publication), including the right of review;
the right to defense of the work, including its title, from any
distortion or other infringement that could cause damage to the honor
and dignity of the author (the right to protect the author's reputation).
2. The author has the right to refuse the previousthe decision taken to publish the work (the right to review), subject to compensation to the user for losses caused by such a decision, including lost profits. If the work has already been published, the author is obliged to publicly notify about its revocation. At the same time, he has the right to withdraw from circulation, at his own expense, previously produced copies of the work. When creating official works, the provisions
of this paragraph do not apply.
3. Personal non-property rights belong to the author regardless
of his property rights and are retained by him in the event of assignment of
exclusive rights to use the work.

Article 16. Property rights

1. The author in relation to his work owns
exclusive rights to use the work in any form and
in any way.
2. The author’s exclusive rights to use the work
mean the right to carry out or permit the following actions:
reproduce the work (the right to reproduction);
distribute copies of the work in any way:
sell, rent, etc. (right of
distribution);
import copies of the work for the purpose of distribution,
including copies made with permission holder of
exclusive copyright(right to import);
publicly display a work (right of public display);
publicly perform a work (right of public
performance);
communicate a work (including display, performance or broadcast
to the public by broadcast and/or
subsequent broadcast to broadcast (the right to broadcast);
to communicate a work (including display, performance or broadcast) to the public by cable, wire or other similar means (the right to communicate to the public
by cable);
to translate a work (the right to translation);
remake, arrange or otherwise process
the work (the right to processing).
The exclusive rights of the author to the use of design,
architectural, urban planning and gardening project
also include the practical implementation of such projects. The author of an accepted architectural project has the right to demand from the customer the right to participate in the implementation of his project during the development of documentation for construction and during the construction of a building or structure, unless otherwise provided in agreement.
3. If copies of a lawfully published work are
introduced into civil circulation through their sale,then
their further distribution is allowed without the consent of the author and
without payment of royalties.
The right to distribute copies of the work by renting them out belongs to the author regardless of the ownership
of these copies.
4. Size and The procedure for calculating royalties for each type of use of a work is established in the author's contract, as well as in agreements concluded by organizations managing the property rights of authors on a collective basis, with users.
5. The restrictions specified in paragraph 2 of this article The rights of authors are established by Articles 17 - 26 of this Law, provided that such use does not cause undue damage to the normal use of the work and does not unreasonably infringe on the legitimate interests of the author.

Article 17. Right of access to works fine art. The right to follow

1. The author of a work of fine art has the right
to demand from the owner of the work to provide the opportunity
to exercise the right to reproduce his work (right
access). At the same time, the owner of the work cannot be required to
delivery of the work to the author.
2. Transfer of ownership rights toa work
of fine art (paid or gratuitously) from the author
to another person means the first sale of this work.
In each case of public resale of a work
of fine art (through an auction, a gallery
of fine art, an art salon, a store and so
further) at a price exceeding the previous one by no less than 20
percent, the author has the right to receive from the seller
a remuneration in the amount of 5 percent of the resale price (right
to follow). This right is inalienable and passes
only to the author's heirs by law for the duration of the copyright
right.

Article 18. Reproduction of a work for personal purposes without
the consent of the author and without payment of royalties

1. Allowed without the consent of the author and without payment author's remuneration for the reproduction of a lawfully published work exclusively for personal purposes, except for the cases provided for in Article 26 of this Law.
2. The provision of paragraph 1 of this article does not apply in relation to:
reproduction of works of architecture in the shape of buildings and
similar structures;
reproduction of databases or significant parts of them;
reproduction of computer programs, forwith the exception of cases
provided for in Article 25 of this Law;
reproduction of books (in full) and musical texts.

Article 19. Use of a work without the consent of the author and
without payment of royalties

Allowed without the consent of the author and without payment of royalties, but with the obligatory indication of the name the author,
whose work is used, and the source of borrowing:
1) citation in the original and in translation for scientific,
research, polemical, critical and information
purposes from lawfully published works in the amount
justified by the purpose of citation, including reproduction of excerpts from newspaper and magazine articles in the form of press reviews;
2) use of legally published works and
excerpts from them as illustrations in publications, radio and television broadcasts, sound and video recordings of an educational nature to the extent
justified by the stated purpose;
3) reproduction in newspapers, broadcast or communication
by cable to the public of articles lawfully published in newspapers or magazines on current economic,
political, social and religious issues or broadcast works of the same nature in cases where such
reproduction,broadcasting or communication via cable were not
specifically prohibited by the author;
4) reproduction in newspapers, broadcasting or communication via cable for public information of publicly delivered political
speeches, addresses, reports and other similar works to the extent justified by the informational purpose. At the same time, the author
retains the right to publish such works in collections;
5) reproduction or communication to the public in
reviews of current events by means of photography, by broadcasting or communicating to the public via cable the works
that become seen or heard during such
events, to the extent justified by the informational purpose. At the same time, for

In the dim fire of a splinter Thu December 25 1997 02:47, Alex Petrovskii scribbled
with a screwdriver on his favorite CD for Dmitry Grigoryev:
------------------------------------------------------------------------------
Article 26. Reproduction of a work for personal purposes without
consent author with payment of royalties

1. As an exception to the provisions of Articles 37 and 38 of this Law
it is permitted, without the consent of the author of the work, performer and
producer of the phonogram, but with the payment of remuneration to them,
reproduction of an audiovisual work or sound recording
of the work exclusively for personal purposes.
2. The remuneration for reproduction specified in paragraph 1
of this article is paid by manufacturers or importers of
equipment (audio and video recorders, other equipment) and
material media (audio and (or) video tapes and cassettes,
laser discs, CDs, other material media)
used for such reproduction.
The collection and distribution of this remuneration is carried out by one
of the organizations managing the property rights of authors,
phonogram producers and performers on a collective basis, in
in accordance with the agreement between these organizations (Article 44
of this Law). Ifthis agreement does not provide for anything else,
the specified remuneration is distributed in the following proportion:
forty percent - to authors, thirty percent - to performers,
thirty percent - to producers of phonograms.
Amount of remuneration and terms of its payment determined by an agreement between the specified manufacturers and importers, on the one hand, and organizations managing the property rights of authors, producers of phonograms and performers on a collective basis, on the other hand, and if the parties do not reach such an agreement, by a specially authorized body Russian
Federation.
3. Remuneration is not paid in relation to
equipment and material media specified in paragraph one
of paragraph 2 of this article, which are the subject of export, as well as
professional equipment not intended for for
use at home.

Article 27. Duration of copyright

1. Copyright is valid throughout the life of the author and 50
years after his death, except for the cases provided for in this
article.
Right of authorship, right to name and right to protection the author's reputation is protected indefinitely.
2. The author has the right, in the same manner as the executor of the will is appointed, to indicate the person towhich he entrusts
protection of the right of authorship, the right to the name and the right to protect his
reputation after his death. This person exercises his
powers for life.
In the absence of such instructions, the protection of the right of authorship, the right to
the name and the right to protect the reputation of the author after his death
is carried out by his heirs or a specially authorized
body of the Russian Federation, which carries out such protection
if there are no heirs or their copyright the right has ceased.
3. Copyright in a work published anonymously or under a pseudonym is valid for 50 years after the date of its
lawful publication.
If, during the specified period, the author of a work published anonymously or under a pseudonym reveals his identity
or his identity will no longer leave any doubt, then the
provisions of the paragraph of the first paragraph 1 of this article are applied.
4. Copyright for a work created in collaboration
is valid for the entire life and 50 years after the death of the last
author, surviving other co-authors.
5. Copyright the right to a work first published
after the death of the author is valid for 50 years after its release.
If the author was repressed and rehabilitated
posthumously, then the period of protection of rights isprovided for by this article
begins to take effect on January 1 of the year following the year of
rehabilitation.
If the author worked during the Great Patriotic
War or participated in it, then the period of copyright protection
provided for by this article is increased by 4 years.
6. The calculation of the periods provided for in this article
starts from January 1 of the year following the year in which the legal fact took place, which is the basis for the start of the period.

Article 28. Public domain

1. The expiration of the copyright in works
means their transition into the public domain. Works that have never been granted protection on the territory of the Russian Federation are also considered to have passed into the public domain.
2. Works that have passed into the public domain can be freely used by any person without payment of royalties. In this case, the right of authorship, the right
to the name and the right to protect the reputation of the author must be respected (Article 15 of this Law).
3. The Government of the Russian Federation may establish
cases of payment of special royalties for the use in the territory of the Russian Federation of works transferred in
publicproperty Such contributions are paid to
professional funds of authors, as well as to organizations that manage
the property rights of authors on a collective basis, and cannot
exceed one percent of the profits received for the use
of such works.

Article 29. Transfer of copyright by inheritance

Copyright is inherited.
The right of authorship, the right to a name and
the right to protect the reputation of the author of a work are not inherited. The author's heirs have the right to protect these rights. These powers of the heirs are not limited in time.
In the absence of heirs of the author, the protection of these rights is carried out by a specially authorized body of the Russian Federation.

Article 30. Transfer of property rights. Author's agreement

1. The property rights specified in Article 16 of this
Law may be transferred only under an author's agreement,
except for the cases provided for in Articles 18 - 26 of this
Law.
Transfer of property rights can be carried out on the basis of
an author's agreement on the transfer of exclusive rights or on the basis of
an author's agreement on the transfer of non-exclusive rights.
2. An author's agreement on the transfer of exclusive rights allows
the use of the work in a certain way and inwithin the limits established by the contract only to the person to whom these rights are transferred, and
gives such person the right to prohibit similar use of the work to other persons.
The right to prohibit the use of the work to other persons may
be exercised by the author of the work, if the person to whom transferred
exclusive rights, does not protect this right.
3. The author's agreement on the transfer of non-exclusive rights
allows the user to use the work on an equal basis with
the holder of exclusive rights who transferred such rights, and (or)
other persons who have received permission to use this
work in the same way.
4. Rights transferred under an author's agreement are considered
non-exclusive, unless the agreement expressly provides otherwise.

Article 31. Terms of the author's agreement

1. The author's agreement must provide for: methods
of using the work (specific rights transferred under
this agreement); the period and territory to which the right is transferred; the amount of remuneration and (or) the procedure for determining the amount of remuneration for each method of using the work, the procedure and timing of its payment, as well as other conditions that the parties consider essential for this contract.
In the absence of the author'sthe agreement stipulates the period for which the right is transferred, the agreement can be terminated by the author after five years from the date of its conclusion, if the user is notified in writing six months before the termination of the agreement.
If there is no condition on the territory in the author's agreement, to which the right is transferred, the validity of the right transferred under the contract is limited to the territory of the Russian Federation.
2. All rights to use the work not expressly transferred under the copyright agreement are considered not transferred.
Subject of copyright of a contract there cannot be rights to use the work that are unknown at the time of concluding the contract.
3. Remuneration is determined in the copyright contract in the form of a percentage of the income for the corresponding method of using the work or, if this is impossible due to the nature of the work or the peculiarities of its use, in
in the form of an amount fixed in the contract or in any other way.
Minimum rates of author's remuneration are established
by the Council of Ministers - the Government of the Russian Federation.
Minimum amounts of author's remuneration are indexed
simultaneously with the indexation of minimum wages fees.
If in the author's publishing agreementor other reproduction
of the work, the remuneration is determined in the form of a fixed
amount, then the contract must establish the maximum circulation
of the work.
4. Rights transferred under a copyright agreement may
be transferred in whole or in part to other persons only in case
if this is expressly provided for in the contract.
5. The subject of the copyright contract cannot be the rights to
use works that the author may create in the future.
6. A condition of the copyright contract limiting the author to
creating in the future works on this topic or in this
area is invalid.
7. The terms of the copyright agreement that contradict the provisions
of this Law are invalid.

Article 32. Form of the copyright agreement

1. The copyright agreement must be concluded in written form.
Copyright agreement for use works in periodical
press may be concluded in oral form.
2. When selling copies of computer programs and databases and
providing mass users with access to them, it is allowed
to apply a special procedure for concluding contracts established
by the Law of the Russian Federation "On Legal protection of programs for electronic computers and databases."

Article 33. Copyrightorder contract

1. According to the author's order contract, the author undertakes to create
the work in accordance with the terms of the contract and transfer it to the
customer.
2. The customer is obliged to pay an advance to the author against the remuneration stipulated by the contract
. The amount, procedure and timing
of advance payment are established in the contract by agreement of the parties.

Article 34. Liability under the copyright contract

1. The party that has not fulfilled or improperly
fulfilled the obligations under the copyright contract is obliged
to compensate for losses caused by the other party, including lost
profit.
2. If the author does not provide the ordered work in
according to the terms of the order contract, he is obliged to compensate
actual damage caused to the customer.

Section III. Related rights

Article 35. Scope of related rights

1. The rights of the performer are recognized in accordance with
this Law in cases where:
1) the performer is a citizen of the Russian Federation;
2) the performance, staging took place for the first time on the territory
of the Russian Federation Federation;
3) performance, production recorded on a phonogram protected
in accordance with the provisions of paragraph 2 of this article;
4) performance, production not recorded onphonogram
included in a broadcast or cable broadcast protected in
in accordance with the provisions of paragraph 3 of this article.
2. The rights of the producer of the phonogram are recognized for him in
in accordance with this Law in cases where:
1) the producer of the phonogram is a citizen of the Russian
Federation or a legal entity having an official
location on the territory of the Russian Federation;
2) the phonogram was first published on the territory of the Russian
Federation.
3. The rights of organizing broadcasting or cable broadcasting
are recognized for it in accordance with by this Law in the event
if the organization has an official location on the territory
of the Russian Federation and carries out transmissions using
transmitters located on the territory of the Russian Federation.

Article 36. Subjects of related rights

1. Subjects of related rights are performers, producers of phonograms, broadcasting or cable broadcasting organizations.
2. The producer of a phonogram, broadcasting or cable broadcasting organization shall exercise their rights specified in this section within the limits of the rights received under an agreement with the performer and the author of the recording. phonogram or work transmitted on air or by cable.
Permission to useproduction, received from the director of the performance, does not negate the need to obtain permission from other performers participating in the production, as well as from the author of the work being performed.
3. The performer exercises the rights specified in this section, subject to the observance of the rights of the author executable
work.
4. For the emergence and exercise of related rights, no
compliance with any formalities is required. The producer of a phonogram and
performer, to notify about his rights, has the right to use a sign
for the protection of related rights, which is placed on each copy
of the phonogram and (or) on each case containing it and consists of
three elements:
the Latin letter "P" in circumference;
name (name) of the holder of exclusive related rights;
year of first publication of the phonogram.

Article 37. Rights of the performer

1. Except for the cases provided for by this Law,
the performer in relation to his performance or production shall have
the following exclusive rights:
right to the name;
the right to protect the performance or production from any distortion

Thu 25 Dec 1997 02:47, Alex Petrovskii wrote to Dmitry Grigoryev:

AP> Now read what a computer program is and remember that each of
AP> us
AP> owns and heavily uses a counterfeit program. Even if he shouts
AP> that everything he has is branded or written by himself. Remember the ROM where
AP> is the direct property of Sir Sinclair. And ALL of our Spectras are
AP> COUNTERFACTUAL!!!

Boy, I’m just paying you :(

AP> Because without a program written in ROM they are just
AP> hardware.

My dear, throw out your piano and don’t write music on it anymore... Do you understand?
You will never become Mozart... :( I cried... :((

AP> Pay attention to the article about counterfeit programs. That
AP> legal authorities are obliged to CONFISCATE programs regardless
AP> that the author may not even take them to court.

So, let's take everything counterfeit out of the house piano, violin, fountain pens, paper, your computer... And in general everything in the world... You're nobody, just a swamp leech.
Sit down and keep your head down... Hmmm...

AP> Conclusion WE CONFISE all Scorpios and burn them!

Wrong conclusion...

AP> Commercial use of a counterfeit program and its illegal
AP> duplication.

:))) Hold me!

AP> The authorities are OBLIGEDCONFISCATE AND DESTROY!!! These are
AP> pies so there is no need to yell about copyrights.

Like stick your tongue in one place... Who am I hearing this from? From Sir Clive?
Oh, no... From Alex PETROVSKY himself!!! That's it, I'm silent, I'm silent...

AP> We are all pirates and
AP> crooks. Spectrum is the most criminal computer in the world. I'm suffering.:-(.
AP> -══[

Go hang yourself, if it's so bad... :((

PS: You're exaggerating, I already explained here, I don't want to repeat myself...

I'll say only one thing - the author's programs written in our Specky, all other things being equal will remain _author's_... Such as - ZH, UFO, CHV, Last Battle... etc.
If the authors of these programs file a lawsuit against you, believe me that you will not
wash off... Excuses like "yes, they wrote them in stolen assembler" the judge
will take note, that's all... And they will apply to you appropriate
measures. The authors will be dealt with only if a lawsuit is filed in their name from the holders of the rights to those very counterfeit programs that you unsuccessfully talked about here... So, we know, they swam... Don’t scare the hedgehog...

Read Spectrophone and with the acid-base balance you will have everything in order okay :))

---<<<----------------------------------------------------- Matthias

AP> owns us and heavily uses counterfeit software. Even if
AP> he shouts that everything he has is branded or written by himself. Remember
AP> about the ROM where the direct property of Sir Sinclair sits.

It is lame to talk about what you don’t know. Firstly, all ROMs are not the property of Sir
Clive, but of Amstrad. Secondly, Amstrad allowed their free distribution.

With God's blessing, Sergei Novikov AKA Spirit/STEP

ZxNet: 095/100.99, FidoNet: 2:5020/689.1, InterNet: reviv...@chat.ru
Phone: (095) 952-46-19 [16.00-18.00]

... Now I lay me down to sleep, I pray the Lord my Soul to keep.

SH> Go hang yourself, if you really care so much... Isn’t it a shame for Specki? I’m beginning to suspect that for you the Spectrum is just a way to make money, and not your FAVORITE computer. If so, then keep quiet when those who are close and dear to the Spectrum say.
By the way, there is an article about being driven to suicide ;).

SH> PS: You’re exaggerating, I’m already I explained here, I don’t want to repeat myself...

Perhaps some of my statements are somewhat emotional, but I was based on
facts from the LAW, and you are on pure slander.

SH>I will say only one thing - the author’s programs written in our Specky
SH> all other things being equal will remain _author's_... Such as - ZH, UFO, ChV, Last
SH> Battle... etc. If the authors of these programs file a lawsuit against you,

But there is no reason to sue me, I have the so-called “branded” versions from INFROCOM and I am not involved in their commercial use. And breaking the protection is not prohibited by the LAW, and I didn’t break them. there is no document that the STEP group prohibits decompilation and study of ZN. And if it appears to me, it’s because I bought the version before.

SH> believe me, you won’t get away with it... Excuses like “yes, they wrote them

And I’m not going to get away with it. Not from anything.

SH> on
SH> stolen assembler "the judge will take note, that's all... And to
SH> you
SH> appropriate measures will be taken. The authors will only be dealt with
SH> in the event that a lawsuit is filed in their name from the holders of the rights to those
SH> the most counterfeit programs that you are talking about I failed here...
SH> So, we know, we swam... Don't scare the hedgehog...

I mean, did you break the LAWS? And you know how to evade? So you admit that your
activity is illegal in some respects?

I will repeat once again about LEGALITY or ILLEGALITY. certain actions, and not about how to “get away with it” (I’m quoting you). If you want, let’s start a new discussion on the topic of HOW TO STEAL, BREAK THE LAW AND NOT GET CAUGHT But it won’t be for me. interesting.

Sat 27 Dec 1997 14:33, Alex Petrovskii wrote to Yury Matveyev:

AP> TOPIC: LEGALITY OF COPYING, REPROPRIATION, DISTRIBUTION,
AP> COMMERCIAL
AP> USE OF SOFTWARE ABOUT COPYRIGHT AND IS IT PUNISHED. ALL FROM
AP> POINT OF VIEW OF THE LAW, AND NOT FROM ESTABLISHED PRACTICE. AN ATTEMPT TO FIND OUT WHAT
AP> IS LEGAL AND WHAT IS NOT.

What is legal and what is not was written in the SPF almost from the 1st issue... But that’s not the point
that’s just the point. Alex, you fell under the hot hand and I want to apologize for my
tone in the previous letter. So let's continue the conversation in a more peaceful direction.
So... The laws that have been cited here recently, I read back in the
times when the response to the letter from the S.Of.Keladan group was written. (SPF 18, January
1996). Therefore, I had enough time to comprehend all this and put it on
the shelves... However, you can nod at my _non_legal education, but believe
me that there were quite a few conversations around copyrights with lawyers, competent people, and I have enough brains to read useful literature ;) ... In general, no normal person without trump cards in his hands will defend his position... Do you understand? Let's move on.

AP> NOT THE TOPIC: HOW COOL I AM THAT I'M NOT AFRAID OF BREAKING THE LAW, BUT I DON'T CARE
AP> NOTHING WILL HAPPENSINCE NO ONE CARE, THE CALLS TO THROW OUT THE ILLEGAL
AP> SOFTWARE, AND ALSO THE CALLS TO USE IT.

Then you can hush up the whole conversation. It’s just that you, throwing into the echo the same documents
that were already here before, seem to be trying to silence all participants
in the discussion of copyrights. Like: “sit down and keep your head down”... This is not
constructive... It’s very good that you spent a lot of time searching for the necessary
documents in order to prove something. However, _what_ are you trying to prove, I personally still
didn’t understand....

With the quiet rustling of the HDD Fri December 26 1997 13:25, Sergei Novikov filled in for
Alex Petrovskii:

SH> It’s lame to talk about something you don’t know. Firstly, all ROMs are not the property of Sir Clive, but of Amstrad. Secondly, Amstrad allowed their free
SH> distribution.

Evidence? Facts, documents, numbers? Or did the boys tell it in the yard?
Okay, did they allow distribution, or commercial use?
And the modification? Maybe you can say that the Scorpov firmware is not based on the Spectrum firmware? And this is the study and creation of your own product pursuing the same goals.
This is prohibited by law!

SH>> not Sir Clive's, but Amstrad's. Secondly, Amstrad allowed them
SH>> free distribution.

AP> Evidence? Facts, documents, numbers? Or did the boys tell it in the yard?

That’s what they’ve come to... They don’t even believe it. Read the comp.sys.sinclair faq.

AP> Okay, is distribution or commercial use allowed?
AP> What about the modification? Maybe you can say that Scorpov's firmware is not based on
AP> Spectrum firmware? And this is already the study and creation of your own product
AP> pursuing the same goals. This is prohibited by law!

Here it is...

Sunday December 28, 1997 13:15, Alex Petrovskii wrote to Dmitry Grigoryev:

AP> Now read what a computer program is and remember that each of us
AP> owns and heavily uses a counterfeit program. Even if he shouts
AP> that everything he has is branded or written by himself. Remember the ROM where
AP> is the direct property of Sir Sinclair. And ALL of our Spectras are
AP> COUNTERFACTUAL!!! Because without a program recorded in ROM, they only

Well, no, first, since you don’t know, inquire, at least here
who owns the ROM and what is its status... What kind of habit is it by default
considering everyone to be thieves? They would have told you about Amstrad and about free
use. They would also talk about the triumphant adventure of one of our Spectrum-compatible models (The Hobbit?) in England... Someone would probably remember that not so long ago Spectrums were manufactured at state-owned enterprises and sold in state stores. And even now they are sold
not under the counter...

AP> iron. Pay attention to the article about counterfeit programs. What

SH> Nonsense... (I can’t find another word, sorry)... :(

SH> programs... We sold SPF, and the Application was free ;)...
SH> It is impossible to legally prove the opposite...

It is cool to suggest to our seller that he would sell the bottles,
and write the programs on disks for free. You can't prove it F;-)).

SH> Well, at least you agreed on this... The main thing is not to lose momentum :)

3.5 ..... 7!!!

SH> :)

F;-)

SH> :)

F;-)

SH> :)

F;-)

SH> Come on... By the way, on you - this is a fidish type - goat? :))

Well, to be honest, I meant cold contempt.

SH> Do you know what I’ll tell you? It’s not enough to know the LAW, it’s also important to know
SH> LIFE...

I don’t argue with that.

SH> The STEP group has no questions for you. Until you start distributing ZH with
SH> the signature "Alex Petrovsky presents a new 3.62 version of Zvezdny
SH> Legacies with fixed bugs and new music on covox, plus greetings to all
SH> our friends and acquaintances..."...

And if just with removed protection? And with a built-in help for passing?
I saw this version.

SH> No, not like that. He shuddered again. “They knew, they swam” is about others

^^^^^^^^^^^^^^^^ I keep the pace ;).

SH>"наставников"...

SH>> all other things being equal will remain _author's_... Such as - ZN, Ural Federal District, ChV,
SH>> Last Battle... etc. If the authors of these programs file a lawsuit against you in
SH>> court,

AP> And there is nothing to sue me for, I have so-called “branded” versions from
AP> INFROCOM and I am not involved in their commercial use.

So the authorities are “OBLIGATED TO SEIZE AND DESTROY” ;)

AP> And to break the protection not prohibited by LAW and I didn’t break them.

Are you sure ;) After two attempts - why is protection installed? Hint: why
why is there a lock hanging on your front door?

AP> I don’t have any document stating that the STEP group prohibits decompilation and
AP> the study of ZH.

No. Decompile and study. Just don't tear out pieces and use them in
similar programs. And don’t distribute it with broken protection.

AP> And if it appears to me, it’s because I bought the version before.

And that doesn’t matter. If the document appears now (has already appeared ;) - from this moment
it is forbidden to do everything specified in it.

YM> Wrong conclusion...
No, from the point of view of the law - very correct. (Damn, well, how many times can I say - go to a legal consultant)

[.....]

YM> I will say only one thing - the original programs written in our Specky, other things being equal, will remain _author's_...
:)))))) From whose point of view? Yours? Do you know what you can do with it?
:))) From the point of view of the law, these programs are counterfeit.
YM> Such as - ZH, UFO, CHV, Last Battle... etc.
By the way, the authors of Last Battle fully fall under the article about virus-
creativity. Do you know?
YM> If the authors of these programs file a lawsuit against you, believe
YM> me that you will not wash yourself off...
From what?
YM> Excuses like “yes, they wrote them in stolen assembly language” the judge will take into account
YM>, that’s all...
:))))) Honestly, it’s funny to read how a person who is about to turn 30 thinks like a child. These, my dear Yuri, are not “excuses”, these are facts,
as a result of which these programs will be recognized as counterfeit, and the claims of their authors - unauthorized.
Honestly, you surprise me... Or do you think that if, say,
you file a lawsuit against someone who does something to your car, which you assembled from stolen parts, will your claim be satisfied? Naive. On the contrary,
everything"switch" to you and your car...
YM> And appropriate measures will be taken against you.
:))) "Appropriate measures" is a resounding phrase.
YM> Authors will only be dealt with if
YM> if a lawsuit is filed in their name from the holders of the rights to those very
YM> counterfeit programs that you have been unsuccessfully praising here...
:)) Who told you such nonsense? We should deal with the authors as soon as
suspicion arises...
YM> So, we know, they were swimming... Don’t scare the hedgehog...
:))) “Swimming” - does this mean you have already sued someone?

YM> Read Spectrophone and everything will be fine with your acid-base balance
YM> :))
:))))))))))

SH> It seems that you are interested in the topic “how to prove that we are all criminals and
SH> have no rights” ;(

I’m not interested in what is written above, if we fall under this, then as they say
“Don’t blame the mirror...." we must have the courage and admit to ourselves that was,
who is without sin? And I always didn’t like statements like “ALL of you are pirates and
thieves, but I’m clean,” and this tone slips through many people. Yes, it’s impossible to legally prove that the programs in the application to Spect were sold, and not distributed for free. common sense. Throw them out of the application and the popularity and demand will drop noticeably. We are not stupid Americans and we don’t buy into advertising like “we only give the keys, but the car is free.” But
no one will do that. It’s the ABC of trading.

Okay, I suggest closing the topic because it’s difficult to discuss such issues in letters.
Sometimes they understood me completely wrong and there’s nothing you can do about it :(.
We sat at the same table and discussed everything with each other. With a pencil in your hand, there would be no misunderstandings. I’m not entirely sure that this topic is of interest to everyone.
So I repeat, I propose to close this topic due to the difficulty of discussing it in
written form.

This year Shor Kan.
-----BEGIN PGP PUBLIC KEY BLOCK-----
Version: 2.6.2

mQBNAzSmKXcAAAECANbGwQIgB69/53imVj7pT9uKKUt3HmoQJ6xgytWPj9bpm5U/
7M UQhHpDh1/B7phf3XlAfPKNdFpyTJDui2Jn1HkABRG0CzI6NTA3OC8yMi45
=gl3b
-----END PGP PUBLIC KEY BLOCK-----
email: da...@ntag.e-burg.ru

With the quiet rustling of the HDD Sun December 28 1997 21:57, Dmitry Grigoryev typed for
Alex Petrovskii:

SH> Well, no, first, since you don’t know, be curious, at least
SH> here, who owns the ROM and what kind of ROM it has status... What kind of habit is it
SH> to consider everyone to be thieves by default? They would have told you about Amstrad and about
SH> free use. They would also tell us about the triumphant adventure

^^^^^^^^^^ Free or free commercial again? Or do you put an equal sign between these concepts? Just don’t say that I’m nitpicking the difference
between these concepts. After all, they have different meanings.

SH> one of our Spectrum-compatible models (The Hobbit?) in England...
SH> Someone would probably remember that not so long ago Spectrum
SH> were manufactured at state enterprises and sold in
SH> state stores. And even now they are sold not at all from under
SH> floors...

The fact that they were molded in our factories is not an indicator. In Mali, what rights did the government structures especially care about? And they trade calmly, and they trade mSOFT disks openly. And cassette tapes and vodka and .... The list of what we sell illegally and without hiding can go on for a VERY long time.

SH> By the way, Zonov may well prosecute you for slander ;)

What did Amstrad allow?Should I study and repeat it for commercial use? Or will he say that he developed everything from 0, and compatibility with Spec
absolutely happened by accident? After all, it is FORBIDDEN for us to study for the purpose of creating a
ANALOGICAL program. Or is Scorpov's firmware not ANALOGICAL to Specy?

SH> Damn it! If you are a pirate and a criminal, don't yell. And I have copyright
SH> rights
SH>. And so that you don’t pester me with your “counterfeits”, I’ll mention that
SH> I wrote my programs all my life using POKE commands, from BASIC, on the computer
SH> I personally assembled ;)

UUUUUUUUU Cool poker player!!! Be quiet.... ;).

YURA, this is all bullshit, DO NOT fall for the provocation!!!

Warm greetings, Slava!

27 Dec 97 14:33, Alex Petrovskii reported to Yury Matveyev about {Re: ABOUT COPYRIGHT AND RELATED RIGHTS (1/2)}:

AP> TOPIC: LEGALITY OF COPYING, REPRODUCTION, DISTRIBUTION, COMMERCIAL
AP> USE IN RELATION TO COPYRIGHT AND IS IT PUNISHED. ALL WITH
AP> Dear Yuri, it seems to me that you haven’t read the law, but

I suggest you be more specific: HACKERS ARE KA-AZLY!!

Warm greetings, Slava!

Relax, Alex, relax! It's the New Year after all, IMHO :)

Warm greetings, Slava!

Sunday December 28 1997 03:16, Yury Matveyev ─── Alex Petrovskii:

YM> Then you can hush up the whole conversation. It’s just that you, throwing into the echo the same
YM> documents that were already here before, seem to be trying to silence all
YM> participants in the discussion of copyrights. Like: “sit and keep your head down”...
:)))) Again, is someone trying to shut someone up? The main thing for you is to “discuss” the legislation or still find out how things really are?

[.....]

YM> I, having bought the Spectrum and assembler, have the right to write in it whatever
YM> my heart desires and to imprison anyone who will break and profit from
YM> my work...
So, sir. So, do you still admit that commercial programs should be written
only on licensed software?
By the way, if you have already forgotten, you can go to jail only when
you prove that you suffered damage on a _particularly_ _large_ scale. You yourself
not more than two or three letters ago wrote that this is a “department” of the civil
court.

[.....]

YM> If it’s not very clear, take a look at the stores selling video cassettes and
YM> see how many of them are licensed? Then ask questions...
Yeah. "Then ask questions." But only _YOU_ and only after
you go to a store that sells programs...
(By the way, are things really that bad there in Moscow? Here, in Samara, unlicensed cassettes can only be seen at some semi-
handicraft flea markets...)

[.....]

YM> No :) On the _commercial_ side (as far as Western ones are concerned) - they didn’t.
:)))) But distributed? etc.

[.....]

DG> And _not_ commercially? ;)
Show me at least one “non-commercial” computer.

[.....]

DG> But there was no commercial use. The magazine was on sale. And we did not claim copyright
DG> for the programs in the application - anyone could use them
DG> at their own discretion (unlike the magazine itself).
:))) Did you understand what kind of nonsense you said? Or explain?
A little hint - you do not need to claim copyright for the programs from the application, so that you can say “there was commercial
use”. And considering that when purchasing a magazine, the application played an important role...

Tuesday December 30, 1997 20:46, Alex Petrovskii wrote to Dmitry Grigoryev:

AP> Defense is different. If from copying, then yes, and even then 1 copy
AP> is allowed to be made! And how many programs don’t have protection from
AP> dehvampilation?

We were talking about Z, and there are both types of protection.

AP> I’m not interested in what is written above, if we fall under this, then as
AP> it is said “Don’t blame the mirror...” you have to have the courage and admit to yourself
AP> that was, who is without sin? And I always didn’t like statements
AP> like “You are ALL pirates and thieves, but I’m clean,” and this tone slips through to many
AP>.

You cited the most different behavior. There are many intermediate
stages... Why should I now, since I sometimes cross the road in the wrong places,
not claim the protection of the law? It is not necessary to equally evaluate the actions of game restaurateurs, which bring absolutely no harm to anyone, with targeted hacking
of a program, a deliberate violation of copyright in order to harm the author, deprive
him of a well-deserved reward and publicly mock him (like I am
what a cool hacker).

AP> Yes, legally prove that the programs are attached to Spect. sold out, but
AP> were not distributed for free, it is impossible. But there is also common sense.
AP> Throw them out of the application andpopularity and demand will drop noticeably.

Oh, well? thank you from Yura and other writers of the magazine, they thought who
reads them ;)

AP> We are not stupid Americans and we don’t buy into advertising like “we give
AP> only the keys, and the car is free.” I agree, I'm thickening the paint. But
AP> if you give for free, then give me free, and keep the rest
AP> for yourself. But no one will do that. This is the ABC of trade.

The ABC of trade: take it yourself for free on any Spectrum server on the Internet, and
if you want a floppy disk with a sticker, and even a restored/adapted
version, with a detailed description, then you have to pay for the recording, for the media, for the work of experts and
restaurants.

There is no need to prove whether the programs were sold or given away - read carefully about
databases. STEP did not violate the rights of the authors - it did not replace copyrights, it did not call the authors lamers, it did not deprive them of profits, there is no need to say “but if the author considers the adaptation an insult” - he will, we will sort it out, these are our problems, the court will decide who was right in those circumstances (the jury will cry, by God ;)

AP> I’m not entirely sure that this topic is of interest to everyone. So

_Everyone_ cannot be interested in any topic. The main thing is that it is interesting not only to the two of us.

AP> I repeat, I propose to close this topic due to the complexity of discussing it
AP> inin written form.

I don’t think it’s worth it, there haven’t been such interesting topics here for a long time.

SH>> you have rights. And so that you don’t pester me with your “counterfeits”,
SH>> I’ll mention that I’ve been writing my programs all my life using POKE commands, from
SH>> BASIC, on a computer I personally assembled ;)

AP> UUUUUUUUU Cool poker player!!! Keep quiet.... ;).

Simply, a similar explanation can be invented for many issues on which you disagree. You forget about the “presumption of innocence”, you can’t prove
violations - don’t accuse.

By the way, here’s what a lawyer specializing in copyright says
with whom AI spoke:

══════════╡ImportBegin MAIL1╞════════════════════════════════
─ NetMail (2:5020/689.31) ───────────────────── ────────────────────── NETMAIL ─
Msg : 132 of 146 Rcv Pvt
From : Alexey Ivanov 2:5020/689.100 Fri 02 Jan 98 23:53
To : Dmitry Grigoryev 2:5020/689.31
Subj : Copyright Part 1
───────────────── ────────────────────── ────────────────────── ──────────────────
Hi Dmitry!

Consultation with a copyright lawyer.

1. Nobody cares what you wrote the program on (licensed/unlicensed software). If you are concerned, there is a separate lawsuit from the programming language manufacturer. But this is a separate question and not together with the topicis being decided.

2. If the program was originally a tape program and you disked it, then this is a significant change in the code and copyright does not apply to it. THOSE. you are
the owner of the disk version.

3. Copyright does not last forever. You patent your program for a certain
time. If you don't support the patent, the locomotive is gone. Conclusion: all programs for
Spectrum are freely distributed if their authors do not
support them. Those. under TR-DOS - the author is the one who disked without any
responsibility to the manufacturer.

Sincerely, Alexey Ivanov

--- GoldED 2.51.A1026+
* Origin: ALEX Research
══════════╡ImportEnd MAIL1╞═════════════════════════════════

What is it, huh? ;)

AP> So I’m trying to figure it out and understand which of my thoughts is correct and which
AP> is not.

And me too ;)

AP> Well, I caught up where, well, I exaggerated, but not for the sake of self-interest, but just out of diligence
AP> my. Now, convince me that I’m wrong, so I and everyone will sit down
AP> for Specki with a clear conscience and a light heart not clouded by harmful
AP> thoughts (what a pompous syllable ;)).)

That’s why this conversation is needed ;)

AP> Then maybe you remember there is such a concept as “the devil’s advocate” so here I am he
AP> is the one I get. Although the truth is not born in a dispute, it is born in any

Sometimes it is born, and quite often... From those arguingdepends.

AP> the question needs an opponent, at least for the conversation to take place at all
AP>. Otherwise, it’s just repeating the words of another person. Don't
AP> believe it, try to coddle in a conversation about anything and
AP> immediately the whole meaning will disappear.

I understand everything. It's nice to meet another person looking for the truth in a dispute, and not proof that STEP are lamer in life :)

Wed 31 Dec 1997 01:13, Vyacheslav Mednonogov wrote to Yury Matveyev:

VM> Yura, THE ELEPHANTS ARE GOING TO SEE-EE(R)VER!!!
VM> YURA (DIMA, SERGEY, MIKHAIL M., MOSCOW!, HAPPY NEW YEAR!!!)

YM>> will take note, that’s all...
EM> :))))) Honestly, it’s funny to read like a person who is about to
EM> turn 30, thinks like a child.

And it’s even funnier for me to see how you You're pretending to be a prosecutor... I'm crying... It's just something. You are unique... You need to be included in the red book... If
in essence, then doc-va, plz... About “knock” and “child” especially...

EM> These, my dear Yuri, are not “excuses”,
EM> these are facts,

What facts? Facts become facts once proven... It’s only you
who are used to pouring water from the ceiling...

EM> as a result of which these programs will be recognized
EM> as counterfeit, and the claims of their authors as unauthorized.

Well, what can you do with you, my dear... Re-read my letters again, maybe
you'll understand... It's even surprising how you managed to graduate from college... :(

EM> Honestly, you surprise me... Or do you think that if,
EM> let's say, you file a lawsuit against someone who does something with your
EM> car, which you assembled from stolen parts, then your claim
EM> will be satisfied? Naive.

If my car will be registered with the traffic police and the documents will be in order -
satisfied... Otherwise, both will get a slap on the ears.

So in ZH - the documents are in order - you get a slap on the ears with claims against.my person
from the authors of the programs will be dealt with separately. All. I'm tired of explaining this to the tree...

EM> Yes, sir. So you still admit that commercial programs should be written
EM> only on licensed software?

Where did I write that I don’t admit this? What amazes me about you is the most amazing
ability to attribute words to people that they did not say... Shadow fighter...

EM> By the way, if you have already forgotten, you can only be imprisoned when
EM> you prove that you suffered damage on a _particularly_ _large_ scale. You yourself wrote not more than two or three letters ago that this is a “department” of the civil court. [.....]

Uh-huh. There I wrote seriously, but here I was joking. What is unclear?

DG> ABC of trade: take it yourself for free on any Spectrum server on
DG> the Internet, and if you want a restored/adapted version on a floppy disk with a sticker, and even
DG>, with a detailed description, then for the recording,
DG> for the media, for the work of experts and restaurateurs you have to pay.
Everything that you described is “use in commercial purposes." (Damn, yes
how long can you play with words?)

DG> STEP did not violate the rights of the authors - did not replace copyrights,
DG> did not call the authors lamer, did not deprive them of profits, do not say “but if
DG> the author considers the adaptation an insult” - he will consider it, we will sort it out, this
DG> is our problem, the court will decide who was right in those circumstances (the jury
DG> will cry, by God ;)
:)))) You have an interesting idea both about the criteria for copyright infringement and about legal proceedings.
By the way, our version of ZH satisfies all these points - the copyrights were not
substituted, no one called the authors lamer, There was no profit (moreover, our version was generally intended only for Samara). Everything.

I greet you from the bottom of my heart, Roman!

Tuesday January 06 1998 12:35, Roman Milukov squeezed the keyboard, hoping that the following words would reach Dmitry
Grigoryev:

RM> Already had enough (I don’t think so) only me) to pull and then pine for such
RM> letters. All sorts of FAQs (albeit about Speckies), Laws, and other by-laws
RM> acts. Would you stop already? Eh?

That's it, Roma, you said it right! Laws need to be sent with soap :)

Hasta la vista.
Tim Kelly.

YM> Where did I write that I don’t admit this? What amazes me about you is your amazing ability to attribute words to people that they didn’t say... Shadow fighter...
A fighter, not a fighter, but I remember that someone called me a lamer precisely because of this (writing
programs in licensed software). Well, if I “attributed words” to you, then I hope an apology will be brought to me?

YM> You're a fool, Zhenya.
I love you too. :))))
YM> This is the tenth time they’ve been telling you - learn to spell
YM> the word “counterfeit” correctly, and then argue about something.
“And also wearing a hat.” (C)
YM> This time. Secondly: from
YM> the point of view of the law, which was shoved under your nose (by the way, a bad mark for you for
YM> studying it), counterfeit programs are ... the production and use
YM> of which entails a violation of copyright.
Yeah, yeah. The Garant database gave me something similar. True, in another place they talk about a certain person “lawfully owning the software product.” I think so, there is also an “illegal owner”? Maybe
can you shed some light on these phrases?

YM> In relation to you, ZH -
YM> is a counterfeit program. You violated my copyright... You are trying to prove to me that by writing ZH we violated someone else's rights... Whose? Can you give me a hint?
YM> Claim from them, please...
:)))) OK. Show me where I would say that when I talk about counterfeit
programs I am talking specifically about ZH? As far as I remember, initially the conversation was about Novikov’s “releases”, from which it all began.

EM> But I don’t jump.

You jump... You got this Last Battle... Do they have a virus? Are they the ones who wrote it?
Give them a damn... And they blame you for hacking... To each their own... You are for copyright infringement, and they are for virus creation :)... As a rule, such
cases in the West are resolved amicably if both sides are interested in the world...
Look, Microsoft is now involved collecting information about specialist hackers breaking their
software. After the hacker is on the hook, under the threat of imminent reprisal, Uncle Bill offers a position and money... That is, he enters into a contract and the hacker works for him... The lawsuit is withdrawn from the court - everyone is happy... Including hacking companies that become branches of Microsoft under threat
of disgrace :)

EM> I simply approach this issue the way lawyers approach it. Or have you forgotten that in court both parties
EM> have the right to vote - both the plaintiff and the defendant?

So. Only the pirate defendant will be responsible for himself...

EM> :))))) Now everything is clear. Tokma, anyway, you need to apologize, eh?

For what?

EM> Otherwise it turns out awkward - you come at me, you run into me, you call
EM> a lamer, and then it turns out that you were “kidding.”

Once again: I told you that “we will put you in prison,” please look in these three words
“lamer”... And you also disagree about light filters... Do you see the word lamer in all my phrases
? Hint: change your glasses (however, I already advised you to do this)...

15 Dec 97 03:09, Alex Petrovskii wrote to Dmitry Grigoryev:

SH>> dated September 23, 1992 N 3523-1

AP> Isn’t the law a little old? It seems that there were changes and additions, we need to cope y

this is the _current_ edition

Bye! mur...@geocities.com
Rick Murray http://letit.base.org
ICQ:6653886