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- Combat Arms
- 2869 Grove Way
- Castro Valley, California 94546
- Telephone: VOICE (415) 538-6544
- BBS (415) 537-1777
-
-
- The following material was uploaded to the Combat Arms BBS in
- June, 1989 but the author of this piece did not state who he/she or
- where they couuld be reached. I presume it is the SysOp of some
- unnamed BBS.
-
-
- Richard Bash - SysOp
- Combat Arms BBS
-
-
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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.
-