Legal use of downloaded domain software

**DNInvestor** · 10-10-2004, 10:28 AM

While this is question isn't about domains in general, the software is for use with Enom.

Recently, I was on a freelance website looking for a programmer and found a link on that site to a script that allows auto-creation of Enom accounts via a form and the Enom API. The script was there for programmers to bid on making a couple of modifications/upgrades.

The script was available as a hyperlink for anyone to download; it was'nt in a password protected area of the website. I looked over the script and there are no copyright restrictions or mentions of an author.

Q. Can I use this software legally?

Q. Is it possible now that the script has become public domain software by being released without copyright restrictions?

I realize the possibility that the script could have been taken from someone else and had the author information and copyrights stripped. I have however purchased other publicly available scripts similar to this script and the coding is significantly different.

Thanks, Chris

**theparrot** · 10-10-2004, 10:54 AM

Since 1986, with the Berne convention guiding the copyright law in the USA, the default status of works is copyrighted , not public domian, so unless it says it is public domain explictly it is not.

**DNInvestor** · 10-10-2004, 11:34 AM

Originally Posted by theparrot

Since 1986, with the Berne convention guiding the copyright law in the USA, the default status of works is copyrighted , not public domian, so unless it says it is public domain explictly it is not.

So software/code is considered a work of applied art? Also, how does the author now prove he is the author without attribution?

**theparrot** · 10-10-2004, 11:53 AM

Originally Posted by DNInvestor

So software/code is considered a work of applied art? Also, how does the author now prove he is the author without attribution?

No, where did you get that from? It is considered a literary work.

As for the proof, as I said copyright is implied, how would you prove it is in the PD?

**DNInvestor** · 10-10-2004, 01:40 PM

I understand what you mean about the copyright being implied. The person that put this link to the software had a domain registration website and now offers script installation. I have tried to contact him to verify the ownership of the script; I don't believe he is the original author of this script.

The script itself doesn't have any identifying information as far as copyright - jurisdiction - authorship. Aren't works with unknown authors covered under a different law than those outlined by the Berne Convention?

BTW theparrot - it is the same script you are using to provide instant Enom accounts.

**namedropper** · 10-11-2004, 02:46 AM

Originally Posted by DNInvestor

The script itself doesn't have any identifying information as far as copyright - jurisdiction - authorship. Aren't works with unknown authors covered under a different law than those outlined by the Berne Convention?

No.

...

And to answer earlier questions, no, you cannot legally use it unless you know the copyright owner is allowing people to use it for free, and, no, items don't just become public domain anymore, not without the term of the copyright expiring (which won't happen for probably at least another 75 years to anything written in any current computer language) or the copyright owner explicitly legally giving up ownership to the public domain.