On 02-Jul-2010, at 10:22 AM, Kenneth Gonsalves wrote:
On Thursday 01 July 2010 18:45:28 Saswata Banerjee & Associates wrote:
no - according to Indian law, one has to explicitly throw the work into public domain. At present he has the copyright to the application, and since he has not licensed it and given permission for people to download, use and modify it, anyone doing so is breaking the law.
Nopes, since he has put the details of it on a public mailing list that is searchable on google, etc, he has implicitly given permission to download and use it, not ofcourse to modify it. He still owns the copyright to the code.
the prosecution would argue that he has only asked people to preview/comment on the app and the permission to download was only for this limited purpose.
I think you stated that he has the copyright. That means he owns the code and you can not modify or copy / distribute it. It does not mean that you can not use the software (not just code) after he has allowed a download. It would amount to saying you can not read the book he has given to you as the copyright is his.
In any case, no court in India will accept the statement saying they were asked to preview and not to use. Specially not in the light of the contents of the mail he had sent and the fact that he sent it to ILUG
-- Regards Kenneth Gonsalves Senior Associate NRC-FOSS at AU-KBC -- http://mm.glug-bom.org/mailman/listinfo/linuxers