19 Nov
1999
19 Nov
'99
8:01 a.m.
It seems to me that there are cases such as government funded privately (by
contract) generated documents in which ownership of the information is
public, but ownership of the document itself, i.e. the layout, text
formatting, etc, is property of the party or parties who generate and print
it. In the case of hardware, the information is part of a patent, not part
of the document in which it is presented, therefore subject to prevailing
patent law not copyright. This, like most legal matters, is probably
subject to the whim of whatever court your adversary manages to get to hear
the matter if you don't beat him to the punch, however, until such time as
superior court decisions etch it in firmer material.
Dick
-----Original Message-----
From: Hans Franke <Hans.Franke(a)mch20.sbs.de>
To: Discussion re-collecting of classic computers
<classiccmp(a)u.washington.edu>
Date: Friday, November 19, 1999 12:05 PM
Subject: Re: Classic Hardware Documentation Project
did
Public Domain?
Not if there's any indication of a copyright on them.
> That disclaimer you plan to write will not cut it if there is a copyright
> on the documents. Very few documents could be considered PD unless they > not have a specific copyright notice OR if there
is a general specific
> release given by the copyright holder to PD OR the copyright holder gives
> *you* permission to hang it out on your website for the public to see
with
a notice
stating the copyright holder still retains copyright. Recently
revised copyright laws make *everything* copyrighted nowadays.
ALso you may have to take into account that other countries may have
complete different Copyright laws. For example, German law defines
three complete different positions within:
a) The Copyright is strictly limited to natural persons. No company
or whatsever may hold a copyright. Also a person is _unable_ to
sell this right. If you are issueing some work, it's yours until
the end of time. Business is still not restricted, since you are
entiteled to sell comerial usage of your work on a royality base.
These comercial right are also only valid for a limited time beyond
your lifespan.
b) To be copyrighted a pice of work has to reach a 'non trivial level'.
So a simple note may or may not be copyrighted - even a book may not,
althrough based on regular court decisions it's hard to do this.
b) There is no thing like Public Domain. Every work (if it reaches a
defined level) is copyrighted. It is just impossible to give up your
copyright (like it's impossible to give up your human rights - well
basicly the same idea). You may choose not to use your right and
pursue violators, but never give up your basic copyright.
Well, this isn't ideal world, so in every days business the situation
is the same.
Gruss
H.