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Date:      20 Dec 2001 19:40:39 -0800
From:      swear@blarg.net (Gary W. Swearingen)
To:        "Jeremy C. Reed" <reed@reedmedia.net>
Cc:        chat@FreeBSD.ORG
Subject:   Re: government and public domain (was Re: GPL nonsense: time to stop)
Message-ID:  <59pu59utoo.u59@localhost.localdomain>
In-Reply-To: <Pine.LNX.4.43.0112192139110.26995-100000@pilchuck.reedmedia.net>
References:  <Pine.LNX.4.43.0112192139110.26995-100000@pilchuck.reedmedia.net>

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"Jeremy C. Reed" <reed@reedmedia.net> writes:

> Where can I find official documents about requiring government
> developed/sponsored software to be offered as public domain?
> 
> (And maybe, in what cases, does it not have to be public domain?)

According to

http://groups.google.com/groups?q=+%22Copyright+Act+of+1976+(House+Report+94-1476%22+group:*gnu.misc.discuss*&hl=en&rnum=1&selm=950u2e%24rm8%241%40coward.ks.cc.utah.edu

the House Judiciary Committee Report that accompanied the
passage of the Copyright Act of 1976 (House Report 94-1476) says:

    The effect of section 105 is intended to place all works of the
    United States Government, published or unpublished, in the public
    domain.

The poster has more to say about what you ask above.

From http://www4.law.cornell.edu/uscode/17/105.html

    Sec. 105. - Subject matter of copyright: United States Government works 

    Copyright protection under this title is not available for any work
    of the United States Government, but the United States Government is
    not precluded from receiving and holding copyrights transferred to
    it by assignment, bequest, or otherwise

I snagged this off something, but don't know the source:

    "In accordance with Air Force Instruction (AFI) 51-303, it is not
    copyrighted, but is the property of the United States government."

I haven't found the term "public domain" used often in the statutes and
regulations I've seen, but the term seems to be well understood to mean
"not under copyright, patent, trademark, trade sectret, etc." by people
who seem to be familiar with IP.  It occasionally is seen to mean only
"announced or available to the public, under some or no conditions".

I've noticed that much stuff that comes out of the Federal government
is launder though small companies who are paid to produce the work and
then are allows to retain ownership of the work which they license to
the Feds.  Nice work, if you can get it.

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