Re: Softdisk status?

[Rubywand <rubywand@swbell.net>]

Joe Kohn writes ...
> 
<Rubywand wrote:>
<....>
>  >My suggestion is that you regard your sale of any software to
>  >Softdisk as 'sale for publication'. Softdisk had an opportunity
>  >to publish the software and to sell it in back issues. If
>  >Softdisk is no longer offering A2 disk 'zine software and can
>  >not find a buyer, then, you should feel free to assume full
>  >ownership rights just as you would had your software been
>  >published by SoftSide or Computist or inCider.
>
> 
> When submitting work to Softdisk, all contributors had to sign a legal
> contract with Softdisk which assigned all legal ownership rights to
> Softdisk.

     Checked an old agreement with Softdisk. As you say, the author sells all
rights. In the same agreement, Softdisk tells the author that the work will be
published. (That is, publication/exposure of the creative work is a condition
of the contract.)

     The qualifications in the statement you quote specify that the item is no
longer of any value to Softdisk (or whatever they end up calling the company). 
_If_ this is clearly the case and if Softdisk responses to questions about the
software indicate no interest in and/or knowledge of the software, then,
basically, it is reasonable to conclude that Softdisk the Apple II software
publisher no longer exists.

     There are many examples of Apple II software publishers simply ceasing to
exist with no notice to anyone about disposition of copyrights. In such cases,
it is normal for ownership to return to the creator-- in this particular case,
that would be Sam Rudy. If the creator is no longer living or takes no interest
in the software, then, the software will most likely become public domain.


     Evidently, Rudy is a friend of Tom and would be glad to see his software
in the collection Tom is talking about. If Softdisk is contacted and does not
object within a reasonable period of time, Tom should go ahead and include the
stuff in his Eamon goodies CD.



>  Forever and ever and ever.
 ....

     Picturesque but not really accurate. Ownership of a copyright is limited
to a certain number of years and, even within that span, it can be voided. It
is up to the copyright owner to 'make hay while the sun shines'. Sooner or
later, one way or another, every copy right becomes public domain.




Rubywand