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- This file was written with the idea in mind of clarifying a number
- of questions and confusion that seems to surround an individuals rights
- when purchasing goods, and the subject of copyright in respect to computer
- software.
-
- The information is based on Australian Law, but should apply in a
- general sense to most countries, especially the text concerning copyright.
-
- No responsibility is accepted for the accuracy of this text, if
- you have specific questions regarding an original copyrighted work of your
- own then you are advised to obtain legal advice from someone specialising
- in copyright law.
-
- This file is based on information obtained from a publicly
- available source, namely the STATE INFORMATION CENTRE
- 77 Grenfell Street
- Adelaide. S.A.
- For the cost of a few dollars you can obtain information on just
- about any subject concerning the Government.
-
- For additional information about your rights when purchasing
- goods, you will need to delve deep into both the CONSUMER PROTECTION ACT
- and the TRADE PRACTICES ACT.
-
- For additional information about copyright the ATTORNEY-GENERAL'S
- DEPARTMENT (Barton, ACT 2600) can provide general information but NOT
- specific legal advice. The AUSTRALIAN COPYRIGHT COUNCIL LTD, 245 Chalmers
- Street, Redfern. NSW 2016 is a private organisation in Sydney representing
- many copyright owners and may be able to offer some advice.
-
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
-
- CONSUMER PROTECTION
-
-
- The Consumer Protection Act and the Trade Practices Act are a set
- of guidelines designed to give certain rights both to the consumer and to
- the retailer.
-
- When you purchase anything within Australia from a retail
- outlet it MUST be of a merchantable quality and it MUST be
- fit for the purpose it was designed for according to its
- description.
-
- That, quite simply is the basis of your rights. If you buy
- something privately, then buyer beware!! because you don't have any
- protection.
- Whether you buy something from a second hand dealer or a large
- department store doesn't make any difference, as long as it is a retail
- environment you are protected by the act.
- Your basic right of warranty of merchantability and fitness of
- purpose as described above CANNOT be limited in any way by the seller.
-
- This does not mean that you can go out tomorrow, buy something,
- and then return it the next day. Some of the larger stores may have a
- policy of allowing you to return an item that you decided you did not want
- to keep, and giving you a refund. This is NOT compulsory. A store does NOT
- have to refund your money just because you don't want the goods any more,
- they don't even have to exchange it. Their only obligation is to repair or
- replace an item IF it is faulty.
- However, most stores will be happy to come to some arrangement
- with goods that are not suitable if you ask NICELY.
-
- If you ever need to return an item, you should speak to the
- salesperson the same way you would like to be spoken to, DO NOT storm in
- making a lot of fuss and demanding your rights, because all of a sudden,
- you'll find you don't have any and it could take weeks or months for your
- item to "get back from the repairer".
-
- Then of course, there is the other side of the coin, eg ...
- You walk into a store and see the latest frijamixer that you've
- been after and it's normally $500.00, but this one has a price ticket on
- it for $50.00. So, quick as a flash, you realise someone's made a mistake
- and you grab the frijamixer along with the price ticket and trot up to the
- salescounter. Now, the salesperson, being very efficient notices that it
- has the incorrect price and tells you that it should be $500.00, but he
- can let you have it for $450.00. Straight away, you make a big fuss and
- demand it for $50.00. WHO WINS!!
- No-one wins in a case like this, because you end up walking out
- without the frijamixer, the price ticket is replaced with the correct one
- and life goes on.
-
- By opening a store to the public and placing goods with price
- tickets on them within this store, the shopowner is making an OFFER TO
- SELL. When you tender money you are making an OFFER TO BUY. Only when you
- have accepted the goods and the salesperson has accepted your money has a
- sale occured. The goods in a store are OFFERED for sale ONLY, you can
- purchase them only if the seller agrees.
-
-
- COPYRIGHT
- ~~~~~~~~~
- This is an area that is becoming increasingly confusing, there are
- a lot of "grey" areas and vitually nothing is "black or white".
-
- To provide a definition of "Public Domain" and "Shareware", the
- following is an extract from the DRAFT REPORT ON COMPUTER SOFTWARE
- PROTECTION (June 1993) by the COPYRIGHT LAW REVIEW COMMITTEE.
-
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
-
- Page 187
-
- C. NATURE OF THE SUBJECT MATTER
-
- Shareware and public domain computer programs
-
- 10.87 At the public hearings and in a submission received following the
- hearings, the concepts of "public domain" computer programs and
- "shareware" were discussed. from the submissions, the committee
- understands those concepts as follows:
-
- (a) Public domain computer programs - programs which the
- copyright owner has granted the world at large a licence to
- reproduce. While copyright subsists in such programs the
- copyright owner is, however, precluded from claiming damages
- from anyone who reproduces the program.
- (b) Shareware- programs which have been made available for users
- to reproduce and use free of charge subject to certain
- conditions. Typical conditions that apply to shareware are
- that it is freely transferable to other users provided that
- after a specified period the user(s) cease to use it or make
- a payment to the copyright owner.
-
- 10.88 Discussion of these two terms at the public hearings indicated
- that there was some confusion as to their meaning. There was also concern
- expressed by some users that in some cases it was not clear whether a
- program was in the public domain. However, the committee is of the view
- that although there way be some public uncertainty as to the meaning of
- the terms and into which category a particular program may fall, these
- considerations alone are not sufficient to necessitate legislative
- clarification of the terms. Accordingly, the Committee does not recommend
- any ammendments to the Act to define these terms.
-
-
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- If you produce a computer program/text/picture etc and release it
- into the public domain, you can still retain copyright but you cannot
- restrict its distribution or claim damages from anyone copying it.
-
- A shareware program may be freely copied, and if used after a
- specified period, MUST be paid for.
-
-
- HOW DOES AN AUTHOR ACQUIRE COPYRIGHT?
-
- The copyright act does not require any formalities (eg.
- publication, registration or the payment of fees) in order to obtain
- copyright protection within Australia. Protection is granted automatically
- from the moment of producing a work.
- However, it would be sensible to include a statement along these
- lines:
-
- This work is copyright. Apart from any use permitted under
- the Copyright Act, no part may be reproduced by any process
- without the written permission of (copyright owner's name
- and address).
-
- You should regard your work as an item of property and keep dated
- originals/copies etc.
-
-
- HOW LONG DOES COPYRIGHT LAST?
-
- The copyright on computer software continues until fifty years
- following the end of the year in which the author dies. From this, you may
- realise that there aren't any computer programs that have "automatically"
- gone into the public domain.
- Just because a commercial program isn't sold any more, (such as
- some of the old C64/VIC20 games) it doesn't mean it can be called public
- domain and freely copied. The copyright is STILL invested with the author
- (alive or deceased) and the program CANNOT be copied without the author's
- permission.
-
-
- EXCEPTIONS TO COPYRIGHT INFRINGEMENT?
-
- A fair dealing with a copyright work for research, study, critism,
- review or reporting of news does not constitute an infringement of
- copyright. The term "fair dealing" is a grey area which must be determined
- on the facts of each case. However the act specifically provides that it
- is fair dealing to copy computer programs for backup purposes.
-
-
- CAN YOU ENFORCE YOUR COPYRIGHT?
-
- First of all, make sure you have LOTS of money, LOTS of time and
- prepared to put up with a LOT of stress. You can claim damages for the
- loss you have suffered plus in some cases, punitive damages.
- If you are the author of commercial programs that bring you in a
- sizeable wage then it could be worth your while, however, if the person
- you're suing for breech of copyright doesn't have any money then you could
- quite well be worse off than when you started.
-
- WHAT ABOUT OTHER COUNTRIES?
-
- Australia is a member of the two major copyright conventions ...
- THE BERNE CONVENTION
- UNIVERSAL COPYRIGHT CONVENTION
- Many other countries are members also and abide by similar
- copyright rules. As an example an original work produced in Australia
- would carry the same protection in America and vice versa.
-
-
- This text was produced by LEEJAN ENTERPRISES
- P.O. Box 66
- Happy Valley
- South Australia. 5159
-
- We are a distributor of Public Domain and Shareware software for the
- Amiga, IBM compatible, C64 and Atari computers.
-
- We have been involved in retail computer sales for most of the 1980's and
- distibuting Public Domain and Shareware since 1988.
-
- This file is in the Public Domain. (Do what you like with it).
-
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