Re: OMG!

["Frank Townsend" <ftownsen@iamdigex.net>]

But, you see, you *still* lose even if you can prove that the monetary value
of the software is $0.  Read the following from the 9th Circuit:

"As might be expected,
published case law deals with works marketed for profit.
However, it cannot be inferred from that fact that the absence
of a conventional market for a work, the copyright to which
is held by a nonprofit, effectively deprives the holder of copy-right
protection . . . . The statute by its terms is not limited to market effect
but includes also "the effect of the use on the value of the
copyrighted work." 17 U.S.C. � 107(4) (emphasis added). As
Sony states, "[e]ven copying for noncommercial purposes
may impair the copyright holder's ability to obtain the
rewards that Congress intended him to have." Sony, 464 U.S.
at 450. Those rewards need not be limited to monetary
rewards; compensation may take a variety of forms. Id. at 447
n.28 ("The copyright law does not require a copyright owner
to charge a fee for the use of his works. . . . It is not the role
of the courts to tell copyright holders the best way for them
to exploit their copyrights")."



"Sheldon Simms" <sheldon@interprice.com> wrote in message
20010508.100425.1960709859.14247@ip148.interprice.vi">news:20010508.100425.1960709859.14247@ip148.interprice.vi...
> Im Artikel <kOBJ6.20765$Aj1.8293996@typhoon2.ba-dsg.net> schrieb "Frank
> Townsend" <ftownsen@iamdigex.net>:
>
> > "Sheldon Simms" <sheldon@interprice.com> wrote in message
> > 20010507.191249.841148365.13631@ip148.interprice.vi">news:20010507.191249.841148365.13631@ip148.interprice.vi...
>
> The $2 is for documentation, and perhaps a sense of charity. As for
> expert testimony, I imagine I could find plenty of experts who would
> testify that the software has no value. Valuations of the work on the
> used market are also not particularly informing, because it's not
> clear that the market price of used copies has anything to do with
> the function of the software, rather than collectable status, docu-
> mentation value, etc.
..snip..
> I say that it would be a shame if the software was lost to posterity.
> But that has doesn't have anything to do with the value of the software
> in a monetary sense.