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Re:More Mistakes Discovered In DHS's Domain Seizures by tedunangst on Wednesday December 22, 2010 @04:44PM (#2032569)
Unpublished words are not automatically copyrighted. If someone steals your unpublished work, and publishes it themselves, you will be out of luck unless you registered the work.
Re:More Mistakes Discovered In DHS's Domain Seizures by ekanes on Wednesday December 22, 2010 @04:56PM (#2032612)
If you scribble a silly poem called "Green Froggy Dance!" on a soggy napkin and tuck it under your mattress, that work is still copyright. It's not registered, so your damages in case of infringement aren't the same, but nonetheless your work is your own.

Source: http://en.wikipedia.org/wiki/Copyright

"In all countries that are members of the Berne Convention, copyright is automatic and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights. However, while registration isn't needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright."

Re:More Mistakes Discovered In DHS's Domain Seizures by jbri on Wednesday December 22, 2010 @04:49PM (#2032585)
Actually, unpublished works are still copyrighted. The issue here is that you have to show that you created the work if you want to make a copyright claim, which is difficult if the work is unpublished and not registered.
Re:More Mistakes Discovered In DHS's Domain Seizures by alexqgb on Wednesday December 22, 2010 @06:01PM (#2032790)
Not so. While courts require registration before they'll enforce your rights, the process itself demands nothing more than an assertion - under penalty of perjury - that the work in question is yours. And that's all.

A lack of publication or registration is only a problem if you're challenging the legitimacy someone else's copyright. And yes, that's considerably harder to do - as well it should be.

Does this mean that it's easy to register the copyright for unregistered work that isn't yours? Yes it does. But actually doing so is insanely stupid, since getting caught means opening yourself up to both a civil lawsuit from the rightful owner, as well as Federal perjury charges. And since you're involving the courts themselves in your fraud, you can expect whichever judge you face to be especially unforgiving.

Unsurprisingly, knowingly falsified copyright registration is not a widespread problem.

Re:More Mistakes Discovered In DHS's Domain Seizures by tedunangst on Wednesday December 22, 2010 @05:13PM (#2032661)
That's true. "not copyrighted" and "unable to prove it" are unfortunately basically synonymous.
Re:More Mistakes Discovered In DHS's Domain Seizures by ekanes on Wednesday December 22, 2010 @06:56PM (#2032991)
Aside: how come people are voting this comment down so hard? Even if it's incorrect, it's not nasty or ill-spirited. Shouldn't it be left at a "1"?
Re:More Mistakes Discovered In DHS's Domain Seizures by sorbus on Wednesday December 22, 2010 @10:19PM (#2033388)
It's factually incorrect and demonstrates a lack of basic understanding of the subject. It seems that HN frowns upon that.

On the other hand, I doubt that the downvotes represent the opinions of a huge number of users (as it doesn't show lower than -4). If enough people agree with you, then they'll upvote it to +1 (I would say that it belongs at 0, but that's just me).

Re:More Mistakes Discovered In DHS's Domain Seizures by tedunangst on Thursday December 23, 2010 @12:40AM (#2033646)
fwiw, nothing ever shows lower than -4, but based on karma, if it weren't for that cap, it'd be -10.