Re: copyright quotes

["mrbrad" <mrbrad@ll.net>]

not that i know anything..but here goes..and kinda
off on a small tangent here..but

if you take "fair use"  and "economic effect" and such from the copy right
discussion we have here
from the act and the "case by case" basis

maybe ...just maybe..."fair use" would be the posting of abandonware on an
ftp site and making
'documented' attempts to contact the potential
copy right holder (ie..if i contacted someone and got no reply after say 3
documented attempts say by certified mail and or i had tried the authors or
such addresses to the best of my ability but no go
...if i got in good faith an email from someone i could reasonably expect to
be said author or phone call ...i document and then post file

under those conditions the software (abandonware) could stay up on the ftp
site
(with notices for lost original authors to be able to contact authors of the
site..if they found the site rather then vice versa and could have there
software either re-classified or taken off at authors say so)

if this or something more thought out then my
meager ramblings here...was to be presented to the
copy right office or a copy right lawyer...would that constitute a 'fair
use' of the copy right material according to the copy right office

(would good faith efforts to find authors before the fact (perhaps with a
certain amount of yrs stipulation) ..would that be good faith...and of
course with the method the author to change his mind or find the ftp site

the problem would be finding someone high enough in the copy right office to
even want to
commit  to copy right issues of old software

just my 2c worth but from the readings here with
documented attempts to find said authors/owners and/or say even a 10yr
stipulation from when the copy righted software was made or some such
and a way for authors to contact the site and let them know they are about
and want the stuff off or whatever...if they find the site after the fact

that may constitute good faith for the site operator..he meets that criteria
...and is protected
if the author contacts him to remove some such said software after the
fact...just like fair use protects a bbs operator putting up share ware and
a  copy righted file slips thru...as long as the operator removes the file
in guestion its hard to say he acted in bad faith

whatever pardon my ramblings...but i kinda wonder if some of this stuff has
not already been decided in copy right law with old unisys, solaris, next,
burroghs or other old code from the 60's and 70's

brad
www.lost-gonzo.com







"Frank Townsend" <ftownsen@iamdigex.net> wrote in message
news:wxOi5.127$Cq.852077@dca1-nnrp1.news.digex.net...
> This section is using the term in the sense of economic markets, which is
> why the qualifier "potential" is used. The work need not be actively sold.
> The usual illustration is whether or not the allegedly fair use taking
could
> substitute for the whole work.  For example, a reviewer can publish brief
> excerpts from a novel because a potential buyer of the novel would not be
> able to use the quotes as a substitute for the novel itself.  What does
> *not* matter is whether or not anyone would actually pay money for the
> novel.  As one circuit court has said, "the mere absence of measurable
> pecuniary damages does not require a finding of fair use."  Another way of
> looking at this is that commercial demand for one's original work is not
> required for copyright protection to attach, and copyright protection does
> not wane because commercial demand for a copyrighted work has disappeared.
>
>
> "Kelli Halliburton" <kelli217NOkeSPAM@crosswinds.net.invalid> wrote in
> message 19ec2951.c0a2180e@usw-ex0104-025.remarq.com">news:19ec2951.c0a2180e@usw-ex0104-025.remarq.com...
>
> > Oh, so what you're saying is that the downloading of Dig Dug has
> > an appreciable "effect on the potential market for of value of
> > the copyrighted work"? Cool. I had no idea that there was still
> > a market for A2 Dig Dug.
>
>