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From: charli@cylixd.UUCP (Charli Phillips)
Newsgroups: net.legal
Subject: Re: does copyright cover public domain software?
Message-ID: <668@cylixd.UUCP>
Date: Tue, 7-Jan-86 17:37:26 EST
Article-I.D.: cylixd.668
Posted: Tue Jan  7 17:37:26 1986
Date-Received: Fri, 10-Jan-86 00:59:04 EST
References: <609@ttidcb.UUCP>
Reply-To: charli@cylixd.UUCP (Charli Phillips)
Organization: RCA Cylix Communications , Memphis, TN
Lines: 49


I tried to mail this to Bill Svirsky, but the mailer here didn't like 
his address.

I'll admit right away that I'm not a lawyer.  I am a writer, though,
and as copyright affects my bread and butter, I have made it a point to
learn about it.

>If I write my
>own version of a best-selling program that looks and acts
>exactly as the original, but I give mine away for free, can I
>be sued?  

I'd almost guarantee that you would be.  When you get to court, you
might try to argue that, since the code is different, your product
isn't really a copy.  I don't know how well that would hold up.  I
would expect that you would lose, and owe the owner of the copyright,
at a minimum, the fair market value of all the look-alikes you gave
away.  You'd also likely be enjoined from distributing any more.
The fact that you gave them away instead of selling them would be
irrelevant.

>If I write a program that is based on the information
>in a book, a database program for example, and use the format 
>from the book exactly even to calling fields by the same name,
>but give it away free, can I be sued?  

Yes.  If you steal their example, they can sue you for it.  Again, it
doesn't matter whether you sell their example or give it away.  It
wasn't yours to start with.

>Lastly, if I write a
>game program using the plot, place, and characters from a book,
>and again give it away free, can I be sued?  

Yes.  

>If the answer to
>any of the above is yes, what would I have to do in order not
>to infringe on the copyright?  

Get the author's permission.  Sometimes it can be had for free, just
for asking.  Sometimes it can't be had at all.  Sometimes you can get
it if you're willing to pay for it.

If you're really concerned about it, consult a lawyer.

	regards,
		Charli