[net.legal] retroactive copyrighting ??? JOVE status

oz@yetti.UUCP (Ozan Yigit) (02/08/86)

I am interested in finding a bit more about U.S copyrights, especially
as they apply to JOVE, a text editor written by Jonathan Payne.

A bit of history: Jove was originally written by Payne, during his
		  years in Lincoln-Sudbury highschool. This software
		  was later submitted to a usenix tape, I think 1978
		  or 1979.

		  This distribution states that it is authored by
		  Jonathan Payne. No copyright notices are included.

Up until recently, Jove was hacked by lots of different people. The
versions I have seen still did not contain any copyright notices.
There is a general agreement that there is two sections in Jove which
makes it non-distributable: temporary file I/O handling (taken from VI)
and regular expression pattern matching (taken from ED).

Very recently, a new release is made by Jonathan Payne. It contains
a copyright notice for 1984, 1985, 1986. (This is mentioned in net.micro
and net.emacs, I think..) Also, a version was submitted to 4.3BSD under
user-contributed software.

Now: my assumption is, that any version of jove that DID NOT CONTAIN
COPYRIGHT NOTICE, is in the public domain, minus the restricted code
fragments. (Which can be replaced with little work..) Also, the
recent copyright simply cannot protect any earlier versions. That is,
nothing can stop me from replacing the restricted code fragments with
routines of my creation, and release to whomever is interested.
Of course, it is not as bad as it sounds, for I have no compelling reason
for doing so, not yet anyway. (I am waiting for another text editor to
be released before putting any work into Jove)

Furthermore: One version of Jove sources were included with DECUS Spring
85 symposium VAX tape, which usually gets picked up by most VAX sites
around the world. 
This version also did not contain any copyright, and also included the
restricted fragments. (So much for AT&T's wrath..)  How does this
effect its status, if any.

What do you think ??? Perhaps some legal whizzards out there would
clerify the situation. This is especially important, since a company
picked up JOVE to sell for PC type machines.

Oz
-- 

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Bitnet: oz@[yusol|yuyetti]
	FREE SOFTWARE FOUNDATION vs. EMPIRE. Watch for
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tenney@well.UUCP (Glenn S. Tenney) (02/10/86)

In article <321@yetti.UUCP> oz@yetti.UUCP (Ozan Yigit) writes:
> ...
>A bit of history: Jove was originally written by Payne, during his
>		  years in Lincoln-Sudbury highschool. This software
>		  was later submitted to a usenix tape, I think 1978
>		  or 1979.
>
>		  This distribution states that it is authored by
>		  Jonathan Payne. No copyright notices are included.
> ...

I believe the dates are VERY critical since the new copyright law
regarding computer software went into effect at about that same time.
As I recall if it was before 1978 it is likely in Public Domain.
After 1978, the mere lack of a copyright notice DOES NOT put it into
the Public Domain!  You are supposed to put a notice on, but the
law specifically says that (with the newer law) your omission won't
forfeit your rights.  I think it is more important to note that copies
were widely distributed with the author's knowledge and consent at that
time and without (as I understand) restrictions.  Net result to me, not
an attorney, is those versions distributed back then ARE Public Domain.
Besides, until it is registered in Washington they can't take you to 
Federal Court.  Sorry Jonathan, but your highschool work was probably
given to everyone, but the current stuff can be protected.

-- Glenn Tenney 
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As Alphonso Bodoya would say... (tnx boulton)
Disclaimers? DISCLAIMERS!? I don' gotta show you no stinking DISCLAIMERS!