Leif K-Brooks said:
And by the same standard, the owner of the cafe in which J.K. Rowling
wrote Harry Potter and the Philosopher's Stone can sue for copyright
infringement. His store. His table. His napkins. End of story.
Not necessarily.
It really depends why RtS was in their store using their computers.
If (&deity; forbid) he was an employee of said store then anything at all
the he produced using their computers, whilst in the employ of the store, is
copyright by the owner of the store. This is how businesses that employ
programmers work. You work in my store, you produce some software in my
store using my equipment, I own the copyright to that software.
On the other hand if RtS was not in the employ of the store then why was he
using their computer? If he had rented the use of the computer then yes, any
work he produced would be owned by him. IIRC though tandy don't rent their
storefront computers out to passersby.
If he did not rent the use of the computer then why was he using it? If he
just wandered by and started programming their computer then they would be
quite within their rights to eject him and to confiscate any work he might
have done. The fact that said work was fit to publish in (my &deity) a tandy
newsletter is immaterial. The work was done on equipment without the concent
of the owners of said equipment. All copyright matters are forfiet under,
probably, a civil matter of misuse of somebodys equipment.
I know something of these things. I have produced my own software (after
hours) whilst in the employ of somebody else, using their equipment. To
cover everybodys arse I had my distributor enter into an agreement with the
somebody else wherein they recieved, free of charge, unlimited copies of the
software for their own use. We signed an agreement on this. In effect I was
"renting" their equipment. Everybody was happy. I made quite a lot of money
out of that program.
It is nothing at all like sitting at a table in a cafe writing on a napkin.
When you buy a coffee you get a napkin with it. You effectively own the
napkin. If Ms Rowling were to sneak into the office and furiously type on
the shops computer then who knows
Then again IANAL. I contract otheres to sort out the fine details.