> If their code is proprietary, no one can use it. Even if they accidentally uploaded it to a public site.
Surely this depends on the terms under which they uploaded it. I would expect npm to have a legal structure in place under which code you upload for public use is also licensed for public use.
That would be the "terms under which they uploaded it"
NPM doesn't appear to have a "default license" though, so that would be "no license", therefore normal copyright law would seem to apply, and you can't make a copy of it, and more than you can copy a picture on a billboard or a blog post or whatever.
IANAL but if someone makes code publicly available (for 3 years). Then isn't there an argument to be made that its reasonable to make use of it? Probably not redistribute it, but use it at least. So I'm not even sure an explicit upload license would be required.
You seem to be arguing for an implied license; such things do exist—but the exact scope is often not obvious even to lawyers in the absence of case law covering very similar situations as to the kind of content and the use to be made of it.
If you leave your keys in your car for 3 years it's still illegal for me to take a joy ride in it. I don't personally believe in/support the concept of IP but in a world that does (like the US) it doesn't make sense to me that people being able to see your property for 3 years gives them the right to use it.
With physical property, there is the concept of Squatter's Rights. With copyright, if you fail to protect it adequately (which I don't think is very well defined by the court system), then the IP in question can pass into the public domain.
I'm not sure what all rights (physical or otherwise) might be applicable here.
> With copyright, if you fail to protect it adequately (which I don't think is very well defined by the court system), then the IP in question can pass into the public domain.
This is not true. Not even remotely true. It is routine that a company notices someone using their copyrights after decades and then sues about it. Oracle is suing Google over code that was "unprotected" for a decade before they decided to sue. In Australia (I know, different country, but this is the same), Men at Work were successfully sued 29 years after they released "Land Downunder" because it has a two bar riff with similarity to a song written in 1928 [1].
As a side note, I see this all the time. What is it about this particular topic that people seem to (a) consistently confuse these things but more importantly (b) feel confident enough about ti to repeat the confused viewpoint with certainty to others?
What if the public site states in their terms that they must be granted those rights on the uploaded material, and the actual copyright holder is the one who does the uploading (but accidentally)?
The software could contain a trade secret, and someone could discover it from reading the source (e.g. the banks magic evaluation function for credit ratings, or their trading strategy, or ...). That doesn't grant them any protected right on the software, which is protected by copyright.
If you don't have a license from the copyright holder, you can't legally use it, except for fair use exemptions: perhaps you could write a blog post criticizing it.
> If you don't have a license from the copyright holder, you can't legally use it, except for fair use exemptions: perhaps you could write a blog post criticizing it.
To be clear, do the files contains a copyright or licence, if they do not and many companies don’t attach a copyright header to their files. Why would the assumption be that the files are not public domain or free for use
Theres nuance though, that copypasting a previous comment doesn't answer.
What about public domain works for example?
Or you had a good faith belief you had permission from the copyright holder, eg someone misrepresented themselves as the copyright holder, or the copyright holder published the code in public without a copyright notice?
We're talking about code. Which is more like a recipe than a novel.
If Coca Cola writes down its proprietary recipe on their entrance "by mistake", I can definitely make use of it. Maybe I can't photocopy it for sale, but I can definitely re-use their previously-secret techniques.
I can even say I got it from them through their own error and have the exact same outputs for the exact same inputs.
Trade secrets aren't your secret anymore once you publish them.
All we know in this case is that copyright law was used as a tool to remove it.
If you reverse engineer a system and write a spec using clean-room technique, it's going to be massively easier for the team to do it if they have lawful access to the no-longer proprietary source code.
And wouldn't that be the method to re-create your own copyrightable implementation of GPL code too?
As someone above posted the wider "List of parties to international copyright agreements", this is one of the boxes that need to be ticked prior to signing any form of deal between countries. It's a kind of 'fundamental' in order to start doing business with that country (or for the country to be taken seriously).
DPRK only recognises foreign copyrights, and have no concept of IP for its own works (because everything is done to superior order, there is no creativity allowed). Micronesia does not have copyright, but has even stricter regime of creative works, amounting to a patent-like protection.