Re: Multitudes of Apple II games might now be public domain

[mairsil@my-dejanews.com]

In article <36C72E37.7E3D3774@ripco.com>,
  Jonathan Schattke <wizwom@ripco.com> wrote:
> Thanks for the law link.
>
> The law says 50 yrs after the author's death for the documentation.  It
> is specifically added that the docs for computer programs are included.

Whoah! That is a *long* wait!

>
> � 2318. Trafficking in counterfeit labels for
>           phonorecords, copies of computer programs or
>           computer program documentation or packaging,
>           and copies of motion pictures or other audiovisual
>           works, and trafficking in counterfeit computer
>           program documentation or packaging
>
> But, there is a caveat: you have to "Traffic" in them, which means
> selling them, or receiving recompense for them.  And, the jurisdiction
> is limited:
> (c) The circumstances referred to in subsection (a) of this section are
> --
>   (1) The offense is committed within the special maritime and
>       territorial jurisdiction of the United States; or within the
> special
>       aircraft jurisdiction of the United States (as defined in section
> 101
>       of the Federal Aviation Act of 1958);
>
> "special maritime and territorial jurisdiction" is only those places
> owned by the United States in common, not those places which are in any
> of the United States (i.e., you can't do it in Guam, but you can in
> California, if you aren't on an army base.)
>
> So, the upshot is that if you take a program to a freinds house, and
> share it with them, you're only in trouble if you (a) accept money for
> it [more than 10 times in 180 daya, or $2500 worth of 1 program] and (b)
> are in the special maritime jurisdiction.
>
> If you aren't, then you're fine.
>
> Note: all corporations are in the special maritime jurisdiction.

Hmmm, reminds me of how early anime fans would get anime into America. They'd
buy them in Japanese, translate and sub-title the tapes, and let their friends
make personal copies for themselves. But I digress.

So, is there anyone out there willing to work around this loophole?



Ralph Glatt

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