🚀 go-pugleaf

ZDEE699@ELM.CC.KCL.AC.UK writes:
> From: ZDEE699@ELM.CC.KCL.AC.UK
> Subject: Are virus sources public domain software ?
> Date: 5 Feb 90 10:31:39 GMT
>
> In VIRUS-L, V3-I29, Todd Hooper (<CHOOPER@acad.cut.oz>) writes:
> > What possible technique could you use
> > to make it illegal 'illegal to own or transmit virus code '? "
>
> Well, how about some reliable organisation (the CERT, for example)
> registering the source code under copyright laws ? Is virus code
> considered as public domain software ? I wouldn't think so ! If the
> source was copyright, then anyone having an unauthorized copy of it
> would be in illegality. In fact, one might even say that the virus
> itself is illegal on the grounds that it copies itself without
> authorization. Anybody who feel they *NEED* to keep the source in
> their possession should then also register or ask for authorization
> from the organisation holding the copyright.
>
> Olivier M.J. Crepin-Leblond

No, in order to register a copyright you must be the author of the work,
or have the rights explicitly assigned to you by the author.
(I wouldn't consider an organization reliable if they WERE the authors,
would you?)

I suspect that there is no good legal solution for the virus problem.
People who create viruses don't expect to get caught, and probably
wouldn't be deterred by the threat of legal sanctions.  Also, it would
be an immense problem to prove who first released a virus in most (if
not all) cases.  For example, the Internet worm case was not quite
open-and-shut, despite the following unusual facts:
   1. The defendant admitted under oath that he did it
   2. There was a law which explicitly forbade what he did
          (i.e. unauthorized access to government computers with damage)

I would venture to guess that there are very few known virus authors out
there, even for the oldest, most widespread varieties.  The Brain virus
seems to be the exception, but even in that case it would be a nightmare
to try to prosecute the perpetrators.