basuki@CS.UCLA.EDU (03/15/88)
--------
Standard Apology :
I am new in this net. I am not sure if this topic has been
discussed before, etc,....
Greetings !
Recently, there was a lot of discussion in comp.binaries.ibm.pc
newsgroup about Public Domain Software. Forgive my ignorance, but
I don't quite understand the legal meaning of 'Public Domain Software'.
I hope somebody of authority in this net can clarify this for me.
Perhaps other people will be interested too.
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
3. distribute it to another person and charge him with a minimal fee,
with the understanding that the SW is free and the fee is for
covering the cost of 'copying, media, and handling',
perhaps postage :-). However, there are some subtle issues here :
- How much minimal is minimal ?
- Does the distributor requires written permission from the
SW author ?
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 ?
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 ?
Please correct, add, or clarify me on the above issues.
I hope, by clarifying those issues, more mistakes can be avoided
in the future.
Thanks in advance.
- basuki@cs.ucla.edu
Standard disclaimer : ..........................
---------------------------------------------------------------------nelson@sun2.ece.clarkson.edu (Russ Nelson) (03/15/88)
In article <10361@shemp.CS.UCLA.EDU> basuki@CS.UCLA.EDU (Basuki Soetarman) writes: >...about Public Domain Software I'm trying to push the term "Freely Copyable" to reduce the misuse of the term "Public Domain", which has a legal definition. Most so-called Public Domain software is really Freely Copyable. Copyrighted Cannot be legally be given away. This includes software that can only be run on a single cpu, and software with a "book" copyright like Borland's, i.e. can only have one copy running at a time. Freely copyable Can be given away. This includes PD software, software with a copyright of varying degrees of restriction, shareware, demos, etc. Public Domain No copyright at all. You can do anything that you wish with this software, including sell it for kilobucks. As per the recent discussions on the net, it's best to have a statment in the program to this effect, as various countries copyright conventions differ as to protection of uncopyrighted software. -- -russ AT&T: (315)268-6591 BITNET: NELSON@CLUTX Internet: nelson@clutx.clarkson.edu GEnie: BH01 Compu$erve: 70441,205
merlin@hqda-ai.UUCP (David S. Hayes) (03/16/88)
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
hedrick@porthos.rutgers.edu (Charles Hedrick) (03/16/88)
If software is truly public domain, you can do anything you want to with it, including charging other people for it. Note that no software with a copyright notice is public domain. By definition. Public domain means non-copyrighted. Any copyright notice that includes a statement that the software is public domain (and I have seen such) is self-contradictory. Software on public repositories is not necessarily public domain. Software in places such as Simtel-20 often falls into any of the following categories: - truly public domain - copyrighted but with a license attached that allows anyone to use and copy it - copyrighted but with a license attached that places restrictions on use and copying, such as no commerical use - copyrighted but with a license attached that requires you to pay the author if you use it. The legality of such a license is questionable, as is presence of such software in places where access occurs via government-supported networks, but it does happen. Furthermore, most repositories do not identify such software, so you may spend several hours copying it over a long-distance phone call or the Arpanet, only to find that you are going to have to pay to use it. If the software falls into any category other than the first, the author is obligated to put notifications of its status onto it in a way that you can't miss. This is typically done with a README file, and by making the program print out a notice when it is run. So in theory if there is no notice you can treat a program as public domain. However things now get sticky. If you just intend to use this thing at home or give it to a few friends, you are safe in doing so if there is no notice. However if you intend to use it for serious commerical purposes, you need to talk to a lawyer. The Rutgers lawyers warned us that it is always possible that software could have been put into a public repository by someone who was not authorized to do so. (That has happened. A proprietary program was posted to one of the binaries groups not long ago.) While we would probably not be held accountable for using a program if we had exercised reasonable care to make sure it was public domain, we could still lose. Suppose we had used such a program as the basis for some work of our own. If it turns out later that it was copyrighted, we could lose this work. The right to create derivative works is part of the bundle of rights protected by copyright. So theoretically the owner of the copyright could require us to destroy any modified version of the program that we had made. Certainly if we were creating a business, and had planned to use the program as the basis of a product, and it turned out to be copyrighted or otherwise protected, we could be in trouble. So if you intend to take any actions based on the assumption that the code is public domain, including investing significant amounts of time or money, it is likely that a lawyer would recommend getting a clear statement from the author that it is in fact public domain. Note that there are ways to protect software other than copyright, but it is unlikely that you would find any software protected in such a way (legitimately) in any public repository.
keld@diku.dk (Keld J|rn Simonsen) (03/18/88)
One addition to what has already been said: "Public Domain" is a valid legal clause only in certain countries, USA is the only place which I know uses this term legally. Has anybody on the net heard of other nations where "public domain" is a valid legal term ?
news@santra.UUCP (news) (03/24/88)
In article <3728@diku.dk> keld@diku.dk (Keld J|rn Simonsen) writes: >One addition to what has already been said: > >"Public Domain" is a valid legal clause only in certain countries, >USA is the only place which I know uses this term legally. >Has anybody on the net heard of other nations where "public domain" >is a valid legal term ? I live in Helsinki and study at Helsinki University of Technology in Espoo, Finland, the city West of Helsinki. I am about to buy a computer and I have ordered it. It's an Apple Macintosh Plus. As Mr Simonsen asks about Public Domain, I can tell that at least here in Finland it is possible to copy Public Domain programs free of charge. In my Apple there is the RedRyder VT100-emulator on the same disk which is reserved for Pascal interpreter. I got the emulator by copying it in the Helsinki University of Technology Computer Programme shop and id didn't cost me a penny. Yours sincerely, Kuisma Lappalainen klappala@otax.tky.hut.fi f35387l@taltta.UUCP.hut.fi