I used to develop database software. To my knowledge, no one is still using
the software I developed. I have moved at least 6 times since then. Should
someone wish to use that software they would, probably, find it difficult to
contact me. That software is very clearly copyrighted by myself internally,
and in the included documentation.
Would I be upset and offended if someone chose to use that software without
my consent ? Maybe. Would I create a problem for them legally ? That
depends.
Did they make reasonable attempts to locate and/or contact me ? Reasonable
does not mean they simply checked my last known location and found me to be
absent, by the way. I believe that reasonable defines back to the 'owners'
rights here. A very concerted, and well documented, effort should be made
by the party wishing to use that to which they do not own the rights.
Are they taking my work and claiming it as their own ? This would bring very
swift legal action. It is theft, pure and simple.
Are they taking my original work and substantively improving upon it ? Are
they giving me due credit as the originator ? I would respond positively to
both, and much more positively to the second. (This, by the way, did happen
to one program I wrote. The other party held of public release for several
months until they found me and discussed it with me. I approved their use
mostly because they had been cognizant of my rights.)
Or lastly, did they stumble upon it and it fit their need(s) ? I have
always accepted the standard of 'no harm, no foul'. It is no longer for
sale, and no longer supported by me. If they derive usefulness from it
without violating my ownership rights ... so be it.
> From: Templarsog1_at_aol.com
>
> It should actually be in perpetuity. Seventy five years is not long
> enough.
Well there is something to be said for inertia (& stagnation) I guess.
> If you use your time, energy and intellect to create something it is
> yours. It should be of no import whether or not you 'use' or 'do something'
> with it. It is yours and nobody should be able to use it without your
> expressed permission and certainly not without compensation.
Even if it were centuries later, the idea/concept is still yours. You
created it. Do you have the right of singular control over that idea, or
how it is used to create new ideas in perpetuity ? Should you ?
> Someone on the list said you have to make a reasonable effort to contact
> the individual or entity and if they do not cntact you back then you probably
> can go ahead. I disagree, the entity or individual may not want to contact
> you and is under no obligation to do so. If you do not have permission you
> don't use whatever it is you want to use.
>
> From this stems the notion of private property and all those rights
> associated with that concept.
That is pure crap. If I 'allow' my neighbor to mow a strip of my lawn
without challenge or action for a certain period of time he can make a legal
attempt to take that strip of land away from my possession. This is
accepted law, and it flies in the face of what you imply here. I am under
an obligation to defend what is already mine. Copyrighted material is under
no such obligation, and ownership can never be involuntarily surrendered.
> If you build a house, boat, or anything else and you choose not to 'use
> it', does that mean that in 5,10,15,20 years someone should be able to come
> along and say,"well, you are not using this so I will". I don't think so,
Do you deny the reality of 'adverse possession' a.k.a. 'hostile possession'?
Or how about 'eminent domain'? The last can remove real property from your
possession even if you are using it, and in some cases you may receive no
compensation.
To all readers of this - enough already on the comparisons to and analogies
between copyrighted material and physical property. This thread is
laborious enough without the inexact (at best) and wholly specious (at
worst) attempts at justifying ones' point.
A Motion: I move we take this thread private for the duration. Any seconds
?
Paul Nuernberger
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