🚀 go-pugleaf

In article <212@sas.UUCP> toebes@sas.UUCP (John Toebes) writes :

Well, lets just say he writes a lot, but to summarize :
John ports Hack to the Amiga
Hack gets distributed on a Fish disk and through bbs's
A company in Calif, 'The Public Domain Connection' picks it up and begins
to market it.
John gets really irritated and flames to the world.

That is the situation in a nutshell. It is situations like this that need
to be reviewed now and then to let those authors out on the net what the
state of the world and law really is. Therefore these comments are 
not really aimed at John but the writing public in general.

First lets get the state of 'Public Domain' software out in it's real
light. When you place a piece of software 'in the Public Domain' you
relinquish *all* rights to that software. That means that any person
in the world can pick up that software, market it, sell it for thousands
of dollars, reap big bucks, and they don't have to give you anything in
return. Why? because it is 'Public Domain'. AUTHORS PLEASE NOTE, the
ONLY way you can retain rights to a work are to put the words
'Copyright (C) 1986, Your Name, All Rights Reserved' in *every* piece
of source, embedded in the binaries somewhere (insert it twice, once
in an obvious place and once where it is less obvious, the less obvious
the better), and all over the packaging and documentation. Then and only
then will you be able to retain your rights to that code, also if the
words 'Public Domain' or 'this is Public Domain' appear *anywhere* in
the source or executable, it does not matter if you also have a copy
right notice, the 'Public Domain' takes precedence. (This is apparently
'case law' or, restated differently, the way the courts have interpreted
the copyright act in the past). So beware, and only put things in the
public domain that you *don't care* if someone picks up and markets 
without your permission. 

And what about your copy rights? Well if you have copyrighted the work,
and all it requires are those simple words in the code, you can sue
for damages, anyone who publishes, markets, or distributes your software
without your permission. When you detect a violation you go down to the
courthouse, register a complaint, and file a motion for an injunction.
Sounds tough but it really is just paperwork. The judge will almost 
always sign your injunction whereupon you have to get it 'served' to 
the company or persons in question, whereupon they must either cease
distributing your software or the judge will throw them in jail for
contempt (violating an injunction).  

Now lets take Johns case :
I don't know if he copyrighted what he did or not so we will have to 
leave that issue for him to clarify. If he put his work into the 
'Public Domain' he does not have any basis for a complaint. Since 
that option would elminate the rest of this article, lets
say he did indeed copyright it. The next question would become
'What was copyrighted?' Certainly it couldn't have been all of
the code since Andries and co wrote that, so it must have been the
Amiga specific stuff. Ok, say that he registers his complaint and 
goes off to pursue damages. He will have to argue that it since he
gives away his software, it is immoral for someone else to make money
on it. He will also have to argue why he did not put something in the
Public Domain that he was under contractual pressure not to make any
money from. I worry that since John specifically has refused to take
money for it, it will be very difficult to prove he was 'damaged' by
this other companies distribution and subsequent profit. The only hope
he has is to argue that since he has retained all rights to the code
he can be 'eccentric' in the eyes of the non-computer public by not
letting his programs be sold.

He comments :
>Other companies have asked me if they could market Hack (3 so far) and the
>response has always been NO!  I am not the only person involved, we all
>owe a lot to Jay Fenalson, Andries Brouwer, and Don Kneller.  It in not
>within my rights (or anyone else's) to make money marketing a collective
>work in the interest of bettering the avaialable software.  Just because
>this company failed to check first is no excuse.

As it turns out someone has a right to make money from the code, the
copyright holder, unless it is Public Domain, in which case anyone can 
make money with it.

His Options :
*>1) Sue them!  This can get expansive for me and them (In their case, they
     can use the money they are making off my work!)
Would be difficult to collect damages, you could collect court costs and
if your case has merit a Laywer will probably take it on a contengency 
basis. (As the the paren above, they can't if you have an injunction)

*>2) Stop producing freely redistributable software.  This is an extreme
     solution, but with AmigaWorld working against me it is a reasonable
     one.
This is the most common route taken when idealistic young programmers find
out about the realities of the game. Then they become older, wiser 
programmers and just nod their head when the young idealistic ones come
up to them with visions of free quality software and goodwill to all.

*>3) Ignore the situation and let them walk all over me and anyone else
     who is working for the betterment of the Amiga.
Chalk it up to experience. Take comfort in the knowledge you gained by
doing the port, and the good will it gave you in the Amiga programming
community.

*>4) Force them to stop selling it and make the situation so others do not
     attempt to do the same.
This would mean enforcing your copyright, licensing a distributor, and 
probably making money. You should either make everything you do public
domain or arrange with your employer to allow you to profit by your other
work. At least in california there is a law that say's anything you do
on your own time with your own equipment is yours to do what you want
with it.

>I strongly lean toward solution #2 - unfortunately with my employment
>restrictions it means no more software on the Amiga.  Hence I request
>assistance on solution #4.

You can only do number 4 by going to court. That will probably be more
trouble than it is worth for a 'free program'. It would cost less and
do more if you :
A) Wrote a letter to the editor of all Amiga magazines and brought them
   and their readership up to date on the problem.
B) Took out a small ad next to theirs that said any one could get hack
   for free by dialing your bullieten board.

[Whew, but that got long winded.]

-- 
--Chuck McManis
uucp: {anywhere}!sun!cmcmanis   BIX: cmcmanis  ARPAnet: cmcmanis@sun.com
These opinions are my own and no one elses, but you knew that didn't you.