Path: utzoo!mnetor!uunet!seismo!sundc!hqda-ai!merlin
From: merlin@hqda-ai.UUCP (David S. Hayes)
Newsgroups: comp.binaries.ibm.pc
Subject: Re: What is a Public Domain SW ?
Message-ID: <1110@hqda-ai.UUCP>
Date: 15 Mar 88 17:38:05 GMT
References: <10361@shemp.CS.UCLA.EDU>
Organization: Army AI Center, Pentagon
Lines: 69
Keywords: Public Domain Software
Summary: How to identify Public Domain software

In article <10361@shemp.CS.UCLA.EDU>, basuki@CS.UCLA.EDU writes:
> I don't quite understand the legal meaning of 'Public Domain Software'.

     Public domain software is software that is not owned by
someone.  It belongs to the public, and can be used or abused by
anyone, with absolutely no legal recourse.

>    As I understand, Public Domain SW mean :
> Anybody can :
>  1. download, copy, repost, and use the SW for his own discretion
>  2. distribute it to another person without a charge

     If the software is in fact public domain, you may do anything
you want to with it.  This includes printing "Copyright 1988
basuki" on it, and claiming that it's yours.

>  3. distribute it to another person and charge him with a minimal fee,
>    [deleted for brevity]

     Public software can be copied and redistributed, with or
without a fee.  You do not need permission from anyone.  It's up
to you and the free market to determine how much you charge for this.

     Selling code from the archives, or charging a media fee, is a
sensitive issue.  Some people will flame you for it.  If your fee
covers only actual out-of-pocket costs (media and postage, not
your time to make the copies) you shouldn't have too many
problems.

>  4. Is it correct to assume that the SW archieved in  SIMTEL20,
>     info-ibm-pc.lending.library, Compuserve, BIX, BBS, are in fact
>     Public Domain SW ?

     No.  Generally, the software in the archive sites is
copyrighted software.  However, there are several general
categories of copyrighted material.  The software in the archive
sites is normally "freeware".  Someone owns the copyright on it,
but they have explicitly given permission for others to copy and
distribute it.  Exactly what you can and cannot do with a given
piece of code is usually spelled out in a comment at the top of
the program.

     Generally, the terms of the license allow you to copy the
software, give it to others, make backup copies, and run it on
your computer or computers.  You may also be allowed to modify the
code, but the authors usually ask you to email any significant bug
fixes you make.  You may not claim that the code is yours.  You
should not make major modifications and distribute them on your
own.  Send your improvements back to the original author, so
everyone can get a consistent version of the program.

     The most basic rule is the Golden Rule.  The authors have
given you a gift.  Be grateful, and treat them the way you will
wish to be treated when you contribute your own code to the
archives.

>  5. How would one make sure that a piece of SW is PD or not ?
>     Most programs either PD or non-PD usually have a copyright
>     notice in them. How can we tell the difference ?

     In general, software is public if-and-only-if there is no
copyright notice.  This rule is sometimes violated, either by
someone adding their own copyright to a public work (rare), or by
stripping a notice out of a commercial work (more common).  Follow
the general rule, and be willing to take corrective action if
you're informed that someone's copyright has been violated.
-- 
David S. Hayes, The Merlin of Avalon	PhoneNet:  (202) 694-6900
UUCP:  *!uunet!cos!hqda-ai!merlin	ARPA:  ai01@hios-pent.arpa