Subj : Re: Copyright Issues?
To   : comp.programming
From : Scott Moore
Date : Mon Jul 18 2005 12:43 pm

Murray R. Van Luyn wrote:
> Hi,
> 
> Where do programmers go to find out about free software copyright law?
> 
> I asked this guy if I could make significant alterations to some software
> that he distributes FOC, and then to redistribute my version, with
> appropriate acknowledgments, also FOC. He said okay but wanted to see a copy
> for approval beforehand. I spent a lot of time finishing the code, and then
> sent it off for final approval. Deathly silence...
> 
> My questions are:- 1) How much or how little work do I have to do to code
> before its considered a unique, independently owned work. 2) What can I do
> if the guy decides to start selling or distributing my un-released, code
> which was marked copyright & 'free for any purpose, both commercial and non
> commercial'.
> 
> Thanks for any helpful advice or appropriate direction that may be provided.
> 
> Regards,
> Murray R. Van Luyn.
> 
> 

Most of the world is governed by the Berne convention, which does not
address public domain (at all). There is nothing in the Berne convention
about the price charged for software, including free software.

The only way that a copyright holder gives up his/her rights is to PD
the software, and because that is not codified in law, then it is a
civil suit matter. Ie., what makes public domain what it is is the fact
that anyone trying to sue based on their holding a copyright of a freely
published software would not win. This is a considerable step backwards
from previous USA software law that specifically stated the conditions
under which public domain is entered.

Being "free" is meaningless. The copyright holder can still claim
rights. If your agreement was not in writing, walk away.

.