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Old February 11th, 2020, 05:50 PM
Total Noob Total Noob is offline
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Join Date: Sep 2007
Posts: 500
No, not wrong. You are splitting hairs in a manner that distorts the reality.

Technically, it is true that copyright exists immediately after creation and fixation. But infringement is not actionable unless there has been copying, and without some kind of initial publication, then the author cannot demonstrate his work was copied from him and is not original to the defendant, so he loses in court every time. A series of other rights also kick in at publication that do not exist before that.

I suppose he can argue his non-published work was physically stolen and then copied, but short of that, I don't see any path to victory, but then again, the defendant has problems above and beyond infringement.

If an asset cannot be protected by law, it hardly exists at all in the real world.

Since you chose not to read the rest of it, I urge you to do so. It might be illuminating to see the difference between technical and philosophical on the one hand and how things actually function on the other.
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