Date: Fri, 18 Aug 2000 23:13:43 -0700 From: "Crist J . Clark" <cjclark@reflexnet.net> To: David Kelly <dkelly@hiwaay.net> Cc: David Schwartz <davids@webmaster.com>, chat@FreeBSD.ORG Subject: Re: Sun's web site Message-ID: <20000818231343.M28027@149.211.6.64.reflexcom.com> In-Reply-To: <200008190227.VAA54774@nospam.hiwaay.net>; from dkelly@hiwaay.net on Fri, Aug 18, 2000 at 09:27:46PM -0500 References: <davids@webmaster.com> <200008190227.VAA54774@nospam.hiwaay.net>
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On Fri, Aug 18, 2000 at 09:27:46PM -0500, David Kelly wrote:
> "David Schwartz" writes:
> >
> > > Notice under GPL you do not give up the copyright on the software. You
> > > still own it and control it. Presumably even the mods others (anonymous
> > > contributors who don't go to lengths to claim their own copyright on the
> > > revisions) put into it. What I'm saying is the copyright holder is still
> > > free at a later date to jump back in with a non-GPL version including
> > > developments during its GPL phase. YMMV, depends on how good your
> > > lawyers and public relations people are.
> >
> > Umm, how would the original author wind up with the rights to distribute
> > changes that others have made? Presumably, when one submits modifications to
> > a piece of GPL'd software, one licenses them under the GPL.
>
> While one has a certain level of automatic copyright protection on works
> not specifically tagged with a copyright notice, one can loose any
> claims by failing to assert one's rights with proper labeling. An
> example was when Intel lost the rights to their original 8086.
This is no longer true. From the Copyright Office's website,
The use of a copyright notice is no longer required under U. S. law,
although it is often beneficial. Because prior law did contain such
a requirement, however, the use of notice is still relevant to the
copyright status of older works.
Notice was required under the 1976 Copyright Act. This requirement
was eliminated when the United States adhered to the Berne
Convention, effective March 1, 1989. Although works published
without notice before that date could have entered the public domain
in the United States, the Uruguay Round Agreements Act (URAA)
restores copyright in certain foreign works originally published
without notice. For further information about copyright amendments
in the URAA, request Circular 38b.
> Copyright and license terms are not things the government enforces.
> What the government can do is to provide the judicial system for the
> copyright holder to enforce his rights.
Not true. There are criminal laws dealing with copyright
infringment. Again, from the Copyright Office FAQ,
55. Somebody infringed my copyright. What can I do?
A party may seek to protect his or her copyrights against
unauthorized use by filing a civil lawsuit in Federal district
court. If you believe that your copyright has been infringed,
consult an attorney. In cases of willful infringement for profit,
the U.S. Attorney may initiate a criminal investigation.
[snip]
Oh, and just one other thing. In a previous thread, someone, I think
it was you, said that "anonymous" can't hold a Copyright. Sorry, again
from the Copyright Office,
37. Do I have to use my real name on the form? Can I use a stage
name or a pen name?
There is no legal requirement that the author be identified by his
or her real name on the application form. For further information,
see FL 101. If filing under a fictitious name, check the
"Pseudonymous" box at space 2.
And also,
46. How long does copyright last?
[snip]
For anonymous and pseudonymous works and works made for hire, the
term will be 95 years from the year of first publication or 120
years from the year of creation, whichever expires first;
But as always, IANAL, thank [insert your favorite deity].
--
Crist J. Clark cjclark@alum.mit.com
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