RE: [TUHS] Ultrix...

Distribution can be restricted by agreement - for instance, I can share source code with you under an agreement that you will not disclose it to others, and I can seek redress if you do disclose. That is common with software. But even absent modifying contract, the "fair use" right you mention is not absolute and unfettered. If I write a book and it is published, you cannot decide to print your own copies and distribute them; I have not waived my rights under copyright by publishing. Indeed, the book does NOT "pass into the public domain" until after expiration of my copyright. This is no different from the case where I invent and create a physical object and distribute it, subject to patent rights that I have acquired; although the physical object is (by logical necessity) out in the public, others may not freely copy it and deny me the benefit of my creativity. "Publishing" is "making public," but not "placing into the public domain" - you have correctly stated that "public domain" is a legal concept, but incorrectly defined it. Even distribution for no material gain (e.g. "freeware") is not "public domain." DEC (and others) wrote some interesting licenses; although I might buy a DEC computer from you, complete with its software, I would not be legally entitled to use the software until I had negotiated my own license with DEC (or now, most commonly, Mentec). I've always thought that was a bit greedy, but it is lawful to create a non-transferrable license. Today, once the license fee for a given copy has been paid, that license is usually transferrable to another; I can give (or sell) you a copy of a book I purchased, too. But that does not change the author's rights to the material, nor those of the party in possession; it is simply not true that "placing the work in the hands of the public" means "they may now be freely redistributed". Software does make things more complex; the corpus of law around it is still being established. However, the fundamental principle of a party's right to control of and recompense for his/her/its work product, be it physical or intellectual, still applies. Anyone who denies that, and acts accordingly, is simply a thief, notwithstanding their erudite rationalizations. -- Ian My opinions do not necessarily reflect those of my employer. -----Original Message----- From: Mirian Crzig Lennox [mailto:mirian@cosmic.com] Sent: Fri 9/6/2002 6:59 AM To: tuhs(a)minnie.tuhs.org Cc: Subject: Re: [TUHS] Ultrix... On Fri, 6 Sep 2002 02:27:39 +0100, Tim Bradshaw <tfb(a)tfeb.org> wrote: Copyright has existed for roughly 300 years[1]. However, the construction of copyright as a form of property is a relatively recent development. The original copyright term in the U.S. was a mere 14 years[2], and copyrights were adjudicated under tort law, not property law. As framed in law and interpreted by U.S courts, the purpose of copyright is foremost the public good (hence the "fair use" doctrine); the act of 'publishing' is, as the etymology of the word suggests, a contribution by the author to the public domain, in return for which he or she is given exclusive right to profit from that work for a limited prior time. However, since 1960 the term of copyright has been extended 11 times, so that no copyrighted work published before 1923 has entered the public domain (nor will it until 2018, save for future extensions of the term). The depletion of the public domain is real. This is all a totally unrelated issue however. Copyright refers necessarily only to published materials, and published materials cannot (by definition) be trade secrets. Furthermore, "public domain" refers merely to legal status, not to any obligation to make physical materials available. The presumption is that if a work is published, then copies already exist in the hands of the public, and they may now be freely redistributed. --Mirian [1] The Statute of Anne (1710, in England) is considered to be the precursor to U.S. copyright law. [2] It could however be renewed for a single further period of 14 years, provided the initial author was still alive. _______________________________________________ TUHS mailing list TUHS(a)minnie.tuhs.org http://minnie.tuhs.org/mailman/listinfo/tuhs