Path: utzoo!attcan!craig From: craig@attcan.UUCP (Craig Campbell) Newsgroups: comp.sources.d Subject: Re: Rms says: Motif vs open look, a trend? Message-ID: <13665@vpk3.UUCP> Date: 12 Feb 91 19:40:39 GMT References: <21327@yunexus.YorkU.CA> <4607@lib.tmc.edu> <27A6E9BA.2E94@tct.uucp> <1991Feb5.011604.3849@NCoast.ORG> <8536@mitech.com> Reply-To: craig@vpk3.ATT.COM (Craig Campbell) Organization: AT&T Canada Inc., Toronto Lines: 49 In article sean@ms.uky.edu (Sean Casey) writes: >Copyrights cannot control Use. Only a license can do that. Any >freeware or shareware that says "Not for commercial use.", "May not be >used for profit.", or "May not be used by a business or institution if >not licensed." is lying. I'm not a lawyer by any stretch of even the most twisted imagination, BUT, I beleive that I have the right to control who uses MY software. If it is copyrighted, with all rights reserved (As all my software is), then I have maintained control. (One need not register software to have it copyrighted, one only needs to declare (in the software and at run time) that it is.) Should a company or person use my software for gain, then legally I AM ENTITLED to my share of that gain, unless I have relinquished my rights. If someone is making money as a result of my labours, then legally I am entitled to compensation. >There's plenty of court precedent that a >copyright is not a license. And copyright law clearly does not cover >use. True. A copyright protects your material and IDEAS from being copied. Obviously, if an unauthorised party has a copy of a copywritten article, then the copyright law has been broken. Should you then be able to demonstrate that you have been damaged by this infringement (i.e. The transgessing party made $$$ by using my software. $$$ which I could/should have been a partner in obtaining. (Remember, I helped bring in those $$$ with my software, even if I was unaware of doing so.) So, it would follow that I should be awarded my rightful share of the $$$ so long as my software is being used. Also, there are most likely fines and penalties associated with breaking the copyright in the first place, regardless of whether any $$$ were made or not. Remember, the violator has basically stolen my (intellectual) property. Courts tend to take a dim view of theft. Ignoring copyrights and limits placed on software by its creator is a risky and foolish thing to do. I would strongly recommend that one try to work within the limits of the law, and not try to slip around it. I suspect that most developers of software would gladly make deals with profit oriented bodies for the use of their software. (Software cats tend to be a friendly lot. Especially if you offer a saucer of warm milk! :-)) >** Sean Casey Stay legal, craig