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Re[2]: Illegal Posting of System Codes



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Correct and let me add that if it were put in "quotes" I believe it would be the
same as referencing any other written material. Only if you were to publish the
work as your own or resell it would you be in violation of copyright law. Andy
could only be subject to the penalties called for in any licensing agreement he
agreed to. The only other way he would be subject to penalty was if he attempted
to do harm by changing the code to disprove its effectiveness, and besmirch the
original producer.



____________________Reply Separator____________________
Subject: Re: Illegal Posting of System Codes
Author: A.J. Carisse
Date:  6/6/98 9:16 PM

Michael A. Mermer, CTA wrote:

> Dear "Andy":
>
> Posting of hacked TradeStation System codes is illegal.
>
> Since you decided to wrongfully post codes of several copyrighted Omega
> Research Solution Provider?s Systems, copies YOUR postings in the Omega
> List Digest are being forwarded to the FBI for investigation.
>
> Perhaps when you are in jail for 20 years for multiple US Copyright
> Violations if found liable, you will have time to write your own system and
> indicators.

This sounds like a scare tactic to me.  While copyright infringement probably
exists in this case, I cannot see how this would constitute a criminal act.
The Copyright Act states:

Sect. 506. Criminal offenses

(a) Criminal infringement.

Any person who infringes a copyright willfully and for purposes of commercial
advantage or private financial gain shall be punished as
provided in section 2319 of title 18 [18 USCS Sect. 2319].

Since there was no financial gain from this infringement, criminal infringement
would not be present, although one may be still be subject to civil liability
($$$, but not jail).

Regards,
A.J.