Changeset - a7dbd07c8981
[Not reviewed]
0 1 0
Bradley Kuhn (bkuhn) - 10 years ago 2014-03-19 17:37:24
bkuhn@ebb.org
USA is not the only US.
1 file changed with 3 insertions and 3 deletions:
0 comments (0 inline, 0 general)
gpl-lgpl.tex
Show inline comments
...
 
@@ -408,35 +408,35 @@ Admittedly, a discussion of public domain software is an oversimplified
 
example.  
 
Because copyright controls are usually automatically granted and because, in
 
some jurisdictions, some copyright controls cannot be waived (See
 
Section~\ref{non-usa-copyright} for further discussion), many copyright
 
holders sometimes incorrectly believe a work has been placed in the public
 
domain.  Second, due to aggressive lobbying by the entertainment industry,
 
the ``exclusive Right'' of copyright, that was supposed to only exist for
 
``Limited Times'' according to the USA Constitution, appears to be infinite:
 
simply purchased on the installment plan rather than in whole.  Thus, we must
 
assume no works of software will fall into the public domain merely due to
 
the passage of time.
 

	
 
Nevertheless, under US law it is likely that the typical
 
Nevertheless, under USA law it is likely that the typical
 
disclaimers of copyright or public domain dedications we see in the
 
Free Software world would be interpreted by courts as copyright
 
abandonment, leading to a situation in which the user effectively receives a
 
maximum grant of copyright freedoms, similar to a maximally-permissive
 
Free Software license.
 

	
 
The best example of software known to truly be in the public domain is software
 
that is published by the US government.  Under
 
that is published by the USA government.  Under
 
\href{http://www.law.cornell.edu/uscode/text/17/105}{17 USC 101 \S~105}, all
 
works published by the USA Government are not copyrightable in the US.
 
works published by the USA Government are not copyrightable in the USA.
 

	
 
\subsection{Why Copyright Free Software?}
 

	
 
If simply disclaiming copyright on software yields Free Software, then it
 
stands to reason that putting software into the public domain is the
 
easiest and most straightforward way to produce Free Software. Indeed,
 
some major Free Software projects have chosen this method for making their
 
software Free. However, most of the Free Software in existence \emph{is}
 
copyrighted. In most cases (particularly in those of FSF and the GNU
 
Project), this was done due to very careful planning.
 

	
 
Software released into the public domain does grant freedom to those users
0 comments (0 inline, 0 general)