sean@ms.uky.edu (Sean Casey) (02/13/90)
For the purposes of discussion, I want to post a rough draft of a copyright granting limited redistribution. This is neither my idea of the ultimate copyright nor is it something I believe everyone should do. It is part of a package I intend to post someday. I invite comments on it, either to me or to Usenet. If you wish, you may want to answer questions like: 1. Do you think it's fair? 2. Do you think it's legally valid? 3. Are the terms for redistribution applicable under copyright law? 4. Would any Usenet site be squeamish about redistributing it? 5. How would you change it? 6. What is your overall reaction? Each C source file has the following comment at the beginning: |/* Copyright (c) 1990 by Carrick Sean Casey. All rights reserved. */ |/* For copying and distribution information, see the file COPYING. */ The file COPYING looks like this: |Fn and Forumnet are Copyright (c) 1990 Carrick Sean Casey. |All rights reserved. | |Except for the following conditions, this software or any part of it |may be redistributed freely. | |YOU MAY NOT |----------- |Sell copies of this software. |Distribute copies with copyright notices or COPYING notice omitted. |Distribute it in a package that has a compilation copyright. |Distribute modified copies unless the modifications are documented to end users. | |These conditions are designed to allow the greatest distribution of the |software, protect end users from tampering, and prevent anyone but the |author from profiting from its distribution. | |I have avoided a "Usage License" because they are unenforceable, probably |not legally binding, and in many cases, downright insulting. If you have |questions about this notice, please send mail to sean@ms.uky.edu. I will |be happy to answer your questions. | | |DISCLAIMER OF WARRANTY |---------------------- |THE AUTHOR (CARRICK S. CASEY) DISCLAIMS ALL WARRANTIES WITH |REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF |MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL THE AUTHOR BE LIABLE |FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES |WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN |AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING |OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS |SOFTWARE. -- *** Sean Casey sean@ms.uky.edu, sean@ukma.bitnet, ukma!sean *** "May I take this opportunity of emphasizing that there is no cannibalism *** in the British Navy. Absolutely none, and when I say none, I mean there *** is a certain amount, more than we are prepared to admit." -MP
greenber@utoday.UUCP (Ross M. Greenberg) (02/13/90)
In article <14124@s.ms.uky.edu> sean@ms.uky.edu (Sean Casey) writes: >|YOU MAY NOT >|----------- >| ... list of do's and don'ts relating to copyright and copying. >| >|DISCLAIMER OF WARRANTY >|---------------------- >|THE AUTHOR (CARRICK S. CASEY) DISCLAIMS ALL WARRANTIES WITH >|REGARD TO THIS SOFTWARE,... Sorry, Sean, but I never agreed to this. Your previous postings show that I need worry only about copyright law. As such, I'll free to modify your code as I see fit, remove your name and stick somebody else's name in there, and to ignore your disclaimer (which I never agreed to) and sue the living daylights out of you if my computer even hiccups once your software has somehow gotten onto my machine... Ain't it astounding that swords have two sides to them? -- Ross M. Greenberg, Technology Editor, UNIX Today! greenber@utoday.UUCP 594 Third Avenue, New York, New York, 10016 Voice:(212)-889-6431 BIX: greenber MCI: greenber CIS: 72461,3212 To subscribe, send mail to circ@utoday.UUCP with "Subject: Request"
sean@ms.uky.edu (Sean Casey) (02/14/90)
greenber@utoday.UUCP (Ross M. Greenberg) writes: |Sorry, Sean, but I never agreed to this. Your previous postings show that |I need worry only about copyright law. As such, I'll free to modify your |code as I see fit, remove your name and stick somebody else's name in there, |and to ignore your disclaimer (which I never agreed to) and sue the living |daylights out of you if my computer even hiccups once your software has |somehow gotten onto my machine... |Ain't it astounding that swords have two sides to them? I didn't claim anyone had to agree to it. I'm curious if my LIMITS ON COPYING would be legal and reasonable. It's a copyright granting limited redistribution, not a license. The disclaimer of warranty isn't a license either, but a disclaimer. I don't know if it would hold up in court, but DEC seems to think so and that's good enough for me. Sean -- *** Sean Casey sean@ms.uky.edu, sean@ukma.bitnet, ukma!sean *** "May I take this opportunity of emphasizing that there is no cannibalism *** in the British Navy. Absolutely none, and when I say none, I mean there *** is a certain amount, more than we are prepared to admit." -MP
brnstnd@stealth.acf.nyu.edu (02/14/90)
Remember the (extremely close) analogy between USENET postings and unsolicited mail. In article <14147@s.ms.uky.edu> sean@ms.uky.edu (Sean Casey) writes: > greenber@utoday.UUCP (Ross M. Greenberg) writes: > |Sorry, Sean, but I never agreed to this. Your previous postings show that > |I need worry only about copyright law. As such, I'll free to modify your > |code as I see fit, remove your name and stick somebody else's name in there, > |and to ignore your disclaimer (which I never agreed to) and sue the living > |daylights out of you if my computer even hiccups once your software has > |somehow gotten onto my machine... Sorry, but that wouldn't be justified by copyright law. The copyright notice is perfectly valid. Sean gives notice of his copyright, then gives notice of limitations to the exclusivity of his copyright. No matter what, you can ignore the copyright within the bounds of fair use. In this case, as Sean has limited his exclusive copyright, you can ignore the copyright just as specified by his limitations. If Sean distributed the work widely and for free, fair use would probably justify Ross's making any number of additional copies and possibly even distributing them---but not making money off it, and not distributing modified versions without credit. After all, that wouldn't be fair use, and it wouldn't fall under the copyright limitations. (Fair use is defined by case law and, in effect, by a booklet available from various Federal offices. My interpretations are based on case law dealing with unsolicited mail.) As for the implied warranty, in many states free products automatically come without warranty. If Sean explicitly disclaims the warranty to the extent permitted by applicable law, then the warranty is gone in most states and effectively gone in all states. Ross's phrase ``but I never agreed to this'' brings up contracts of adhesion. This invalidates most shrink-wrap licenses but doesn't affect copyrights at all. > It's a copyright granting limited redistribution, not a license. Correct. ---Dan