[comp.sources.d] If not Copyright, then WHAT?

craig@attcan.UUCP (Craig Campbell) (02/15/91)

O.K., it would seem that many net.knowledgeble persons believe/know that a 
copyright will not protect software.  If I develop software, and am willing to
give it gratis to non profit organizations (most net.persons) but would like
to maintain all rights and controls (and make money if companies wish to use
my software for $$$$), how can I do this?  

Having net.friends sign liscences seems a bit extreme, but having my work used
by others to make $$$ without compensation is a poor type of thanks, as well.

Ideas?

craig

xanthian@zorch.SF-Bay.ORG (Kent Paul Dolan) (02/17/91)

 craig@vpk1.ATT.COM (Craig Campbell) writes:

> O.K., it would seem that many net.knowledgeble persons believe/know
> that a copyright will not protect software. If I develop software, and
> am willing to give it gratis to non profit organizations (most
> net.persons) but would like to maintain all rights and controls (and
> make money if companies wish to use my software for $$$$), how can I
> do this?

> Having net.friends sign liscences seems a bit extreme, but having my
> work used by others to make $$$ without compensation is a poor type of
> thanks, as well.

I think (I hope!) you've misunderstood the import of what has been stated.

Copyright protects the creation of new copies of your software.  If you
get $$$ for each copy created and sold, you are making money, and that
money making is (legally) protected by the copyright protection against
making copies without permission.

What copyright does _not_ do for you is let you control how a legally
made copy is subsequently used.

So if I buy your spreadsheet program, and use it to design baby
dismembering machines, you don't get to use your copyright to stop me.

But, if you include in the rights you retain, "copying for commercial use",
then you are indeed protected by copyright, because it is the copying you
are controlling, not the end employment.

If you want to prevent that the commercial use be the design of baby
dismembering machines (aka bombs) then you need a license agreement as to
what constitutes contracted uses.

That still probably isn't as legally sound a description as you could get,
but I hope it is closer.

Kent, the man from xanth.
<xanthian@Zorch.SF-Bay.ORG> <xanthian@well.sf.ca.us>