can source code be used as proof of copyright for a binary software distribution?

[gradualgames]

Thanks for your responses to my other queries. I appreciate your generosity.

I have a bit of software I've written but have not registered a copyright. However, I am the only person who has the source code to this software. In the exceedingly unlikely situation someone were to claim they created my software and they only possessed the binary, my source code ought to be enough proof that I created it, right? Especially if I have ALL revisions of the code from day 1. In other words, someone could reverse engineer my code, and pretend they wrote it, but then I could produce all the thousands of revisions since day 1. I would think that would stand up easily in court.

Or should I just go ahead and register a copyright?

 

[quincy]

Thanks for your responses to my other queries. I appreciate your generosity.

I have a bit of software I've written but have not registered a copyright. However, I am the only person who has the source code to this software. In the exceedingly unlikely situation someone were to claim they created my software and they only possessed the binary, my source code ought to be enough proof that I created it, right? Especially if I have ALL revisions of the code from day 1. In other words, someone could reverse engineer my code, and pretend they wrote it, but then I could produce all the thousands of revisions since day 1. I would think that would stand up easily in court.

Or should I just go ahead and register a copyright?

Well, generally it is best to register a copyright as registration provides the greatest protection and benefits should a work be infringed.

That said, many programmers prefer to keep their source code completely private, because it is relatively easy for another, skilled programmer to figure out how to create the same result with a different program (the reverse engineering you speak of).

There are two possible ways you could register your work with the Copyright Office and keep the source code confidential. You could deposit only the object code, which is difficult to duplicate, or you could deposit your source code with the critical parts of the code blanked out.

The source code (without parts obscured) is considered the "best edition" of the work but, even so, the Copyright Office will accept just the object code, or portions of the source code, or portions of the source code with the object code. As a warning, though: When you register a source code with vital parts of the code missing, the Copyright Office will not offer an opinion as to its copyrightability because the source code cannot be read.

Because registration of your source code (in whatever form) will give you an official date of creation to rely on should your code be infringed, you may wish to speak with an IP attorney in your area to better determine what is the wisest action for you to take.

Good luck.