On Dec 28, 2008, at 8:04 PM, dwight elvey wrote:
Technically, if you have a H89 or such and you've
lost
the manual, you have a right to a copy of the manual
without paying any copyright fee. The manual is already
payed for.
I'm no lawyer and this is just a personal opinion.
It's apparent that you aren't a lawyer. I'm not one either, but a
little common sense goes a long way here.
I won't touch your claim that you have a "right" to the manual.
That's not the issue, even if I think you don't have the rights you
think you do. The issue is that only the "intellectual property
owner" has the "right to copy" and distribute the manual: hence the
term "copyright".
Data Professionals is completely within their "rights" to ask that
distribution of their intellectual property on the Internet cease and
desist. Those posting the manuals don't have the "rights" to
distribute them in any form.
Whether this is "correct" in the moral sense is certainly subject to
debate. But under the law, the manuals are under copyright, and we
don't have the right to copy and distribute other people's manuals
without explicit permission to do so.
Common sense says if you didn't write it, you don't have the rights to
copy and distribute it, and any action along those lines is likely
violating somebody's copyright. Running off a photocopy of a few
pages for a friend or to include in a research document might be
"justifiable infringement" (called "fair use"). Duplicating the
works /en masse/ on a website is not permissible under any
circumstances, unless permission to do so has been obtained.
Doing otherwise is a dangerous game, specifically because of
circumstances like this. The manuals' copyright is held by somebody,
even if it's a megacorp who purchased the assets at auction from a
bankruptcy sale.
Note I'm not arguing the moral and/or ethical sides of this, purely
the legal ones.