Isn't the lack of notices and wide distribution which also lead VM/370 and friends
being in the public domain? It's odd now that history is fluid they are now
considered open source?
On February 24, 2017 6:48:08 AM GMT+08:00, Joerg Schilling <schily(a)schily.net>
wrote:
Random832 <random832(a)fastmail.com> wrote:
On Thu, Feb 23, 2017, at 14:15, Clem Cole wrote:
> Copyright *protection* is automatic ??? as soon as the code is
written it
is
considered protected. Copyright *registration* is just a formality
necessary to instigate litigation. There is no time limit for
registration.
That's true today, but to my understanding wasn't true in 1988.
(Well,
registration wasn't a requirement to be
copyrighted - that
requirement
went away retroactively in 1978, and only applied
to unpublished
works
then.) The change seems to have been March 1,
1989 from what I can
find.
From what I have in mind, there have been changes from around 1992 from
the
Berne convention. Before, US code (even when it was copyrighted) was
not
protected in Europe.
I know that in former times, code was only copyrighted in the USA in
case a
sample had been given to a governmental site. I thought this changed
together
with the Berne convention....
Given that the AT&T code that was used by BSD does not have a copyright
notice,
it seems to be obvious that it was not copyrighted as AT&T did not give
a
sample to the government.
So the question was whether there was a copyright problem with the fact
that
BSD included the code. The fact that AT&T did give away their code did
exhaust
the right to prevent distribution.
BSD on the other side did bundle the right to distribute with the
condition
that the license notice must not be removed and that distributors need
to
announce that they include software developed at BSD.
AT&T removed this notice and did not announce the porevenance.
This is why BSD finally won...
Jörg
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