Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Path: utzoo!mnetor!seismo!think!nike!ucbcad!ucbvax!ATHENA.MIT.EDU!henry From: henry@ATHENA.MIT.EDU Newsgroups: misc.legal Subject: Re: BITNET mail follows Message-ID: <8610150249.AA16015@TRILLIAN> Date: Tue, 14-Oct-86 22:49:21 EDT Article-I.D.: TRILLIAN.8610150249.AA16015 Posted: Tue Oct 14 22:49:21 1986 Date-Received: Wed, 15-Oct-86 20:25:42 EDT References: <8610141158.aa06719@SEM.BRL.ARPA> Sender: daemon@ucbvax.BERKELEY.EDU Reply-To: Henry Mensch Organization: The Temple of St. Todd the Incontinent Lines: 50 Approved: info-law@brl.arpa In article <8610141158.aa06719@SEM.BRL.ARPA> ASPDMM@UOFT01.BITNET writes: > >Would it be fair for you to >sell me a copy of software you got free from PD? I don't know if it's fair; the important question to ask is "Is it legal?" Probably. >Ostensibly, the reason Joe Programmer made his >software PD was that he wanted it to be available at no cost >to anyone who wanted it. Any attempt to sell it would >defeat Joe's intention, no? Only if Joe Programmer stops distributing his software when someone else begins selling it. If Retailer A is selling a product I can get free (with no strings attached) from Dealer B that B created, does B lose anything? His software is still free; folks who don't want to pay for the turnip twaddler can show up on his doorstep and he'll give it to them at no charge. If Joe Programmer wanted to insure that his program were distributed at no charge to everyone then he SHOULDN'T put it in the Public Domain. Public Domain means just that: ANYONE can do ANYTHING with it. >Therefore if you remove >his header and place your own name on the pgm, you have >deprived him of that right. Note that a copyright is not >simply the right to SELL software. If it's yours you can >sell it, give it away, or whatever. If I remove the header from Joe Programmer's work and put my own name on the program, it seems clear to me that I have STOLEN Joe's work. There may be a variety of fancy terms which describe what I've done, but I have essentially STOLEN his work. If software is PUBLIC DOMAIN then who does it belong to? It certainly does not "belong" to the author, since he has placed the work in the public domain. If Joe wants to exercise control over how his work is used and/or distributed the author should copyright his work, and he should put conditions on its redistribution. An excellent example of such a copyright is the GNU General License, which is distributed with every piece of Project GNU software. The most obvious lesson to learn here is COVER YOUR AXX! -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Henry Mensch | XXXXXXXXX XXXXXX | XXX/XXXXXXX XXXXXX henry@athena.mit.edu ..!mit-eddie!mit-athena!henry