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- It has been noticed that there are several cases of a
- Copyright notice being applied to public domain software.
- While this right does accrue to the publisher of his
- 'original' work; and whereas he may wish to make that work
- available to the public for their royalty-free use with a
- restriction applied against sale, he may specifically not:
-
- 1. Copyright what he or others have already put into
- the public domain.
-
- 2. Delete the Copyright notices of others pertaining to
- a portion of the work.
-
- 3. Fail to give credit to the work of others that he has
- used or copied even if it is in the public domain - unless
- there is no reasonable means for identifying the work of
- others. Even this last, is not a condition for claiming
- 'original' authorship (a necessary condition precedent to
- the right to Copyright).
-
- Some of the violations have been under the mis-understanding
- that the Copyright prevents others from changing the revision
- level when it is part of the name of the work, such as MDM730,
- but that it is Ok if one renames it, modifies the work, and then
- publishes it with all the same code (but with new code added).
- WRONG, if the 'work', which must be the actual writing of the
- author claiming protection -not just his ideas or naming, is subject
- to valid protection, that protection does not include the name
- of the work. This is the purpose of Trademarks - not to infringe on
- the trade-marked name of a product since presumably this would
- damage the business of the Trademark (MUST BE REGISTERED) holder
- in a financial way. It is hard to see how this would apply to
- public domain software. Also, one would have to show as a condition
- precedent to getting a duly registered Trademark that the 'Mark'
- has not already been placed in the public domain by the applicant
- or by others. Also, guess a new registration would have to be
- obtained for MDM731, MDM732 etc - an expensive proposition.
- Of course, one could also abandon the name, call it something
- else, get a "Mark' registered and do what he wishes with it as
- long as he doesn't also Copyright it as his original work. This
- would then at least allow the continuation in the 'public' of
- the well-known generic name of MODEM7, MDM7 etc - with the op-
- erative part of the name giving the immediate public recognition
- being the '7' which denotes that modification, and its successors,
- of the 'Christensen' protocol that includes batch mode which was
- added by Mills and Zeigler and Copyrighted (the additional routines
- only) by them in 1980 - and made public.
-
- Any of you lawyers out there wish to comment on this practice
- so that those who have been mis-informed can correct their
- ways? Copyright of software that others have put in the public
- domain is not only not-nice, but damaging to the whole spirit
- and purpose of the 'public-domain' idea.