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Copyright Information

Introduction

Following several incidents where purported authors of artifacts held in the Packet Storm collection have asked us to remove or modify material held in the collection, we are forced to ask authors to provide proof of copyright in the event that there is a request made to remove or modify an artifact. We also ask that authors be able to show proof that they are the orginators of the artifact.

The following points are recommendations aimed at minimising future risks.

Copyright Notices

The copyright notice should be obvious and legible to prevent unknowing infringement, and if applicable, (e.g. web sites, papers) the notice should appear on every page. Mark any copies of your work with a copyright notice.

The copyright notice should take the form of; the actual term "copyright", the copyright symbol © [not just a c in brackets (c) -as some countries do not recognise this], the year [normally when first published, but for unpublished work, use the year it was written], the name of the copyright owner, (this can be an legal individual, collective or organisation). Please do not use non legally associated pseudonyms (e.g. "Copyright © 2016 Barack Obama").

Copyright Disclaimers

You should also include a disclaimer of some kind expressing your wishes as the copyright owner; a simple "All rights reserved" is normally sufficient but, a more explicit declaration is recommended such as "Any unauthorised broadcasting, archival or copying will constitute an infringement of copyright".

There are many different wordings, depending on the terms acceptable to the copyright owner. Please consult with a reputable authority on copyright legislation for more advice.

Supporting Evidence

Additional evidence to support your claim in case of dispute; in software include "footprints" (algorithms etc.) which can uniquely identify you as the author and keep as much of the background work as you can, e.g. experimental log files, working documents, sketches and drafts earlier versions, prototypes.

If you ever make a claim to a Copyright Tribunal or a court this can be very valuable as it demonstrates evolution of your ideas.

Register Your Work

To prove your work was created before a certain date, and to give stronger supporting evidence, we recommend that you register your work with an independent agent, who can substantiate your claim in case of a dispute.

A registration with a Copyright Service is probably the most reliable way to ensure your rights are protected under local national and international intelectual property laws.

Agreement Between Co-authors

In the case of jointly authored works, you should have some agreement, whereby if a member of your band, organisation or collective leaves you are all clear what will happen to the copyright of your work.

The most straightforward method to take when deciding your agreement is to think of your organisation, collective or principal writer/writers as an employer for whom you work. (Normally if you produce work under contract for a business or third party, the business will hold the copyright to that work).

Additional Points of Note

If a work is produced as part of your employment or under contract to a third party (i.e. freelance work), normally the copyright belongs to the person/company who hired you, unless you have an agreement to the contrary.

Only the owner of copyright, or his exclusive licensee can bring proceedings in the courts against an infringement.

Copyright does not exist in names, colours, inventions or ideas, but may exist in a work expressing or composed from these concepts.

Fair Use of Exploits Found in Honeypots

Exploits which are illegally left in "honeypots" can and will be published in the archive. This is done for the non-profit purpose of educating system administrators about security threats. It is legal to publish code abandoned in honey pots as this is fair use of the programs under 17 U.S.C.A 117.

Fair use is determined by the following criteria:

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. The nature of the copyrighted work;
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
  4. The effect of the use upon the potential market for or value of the copyrighted work. 17 U.S.C.A 107

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