On Mon, 2005-07-18 at 11:45 -0700, Sean Kellogg wrote:
> On Monday 18 July 2005 11:07 am, Brian M. Carlson wrote:
> > What we *don't* want, is software that is copyrighted (which PD software
> > isn't) and then without a license, because that gives us almost no
> > rights whatsoever.
>
> There is no such thing as software that isn't copyrighted. All original
> expression that is fixed in a tangible form is immediately copyrighted (at
> least, that's the U.S. rule). There is still lots of debate as to whether it
> is possible to disclaim that copyright... but there is no question that it
> is, at the moment of creation, copyrighted.
False. You, as a lawyer-to-be, should know better than to be imprecise.
U.S. Government software is not copyrighted, and cannot be so,
excepting, of course, the United States Postal Service, which is granted
an exception under 19 U.S.C.
> Mr. Crowther is better off accepting he has a copyright and simply attaching a
> COPYING file that says "I grant anyone and everyone an irrevocable license to
> copy, modify, distribute, perform, display, or engage in anyother act
> requiring my permission with this software." Yes, there are a host of legal
> questions with that as well, but it gets us way closer to the pale than
> attempts to disclaim the copyright.
As for non-government software, no one can force a monopoly upon another
person if that person does not want it. What Mr. Crowther can do is
simply disclaim the copyright and never enforce it, even if he does have
it under some theory of law. If his heirs attempt to enforce it, they
will be dilatory under the doctrine of laches.
--
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