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Date:      Sat, 5 Feb 2005 05:52:21 +0100
From:      Anthony Atkielski <atkielski.anthony@wanadoo.fr>
To:        freebsd-questions@freebsd.org
Subject:   Re: favor
Message-ID:  <1485510257.20050205055221@wanadoo.fr>
In-Reply-To: <200502042343.39455.m.hauber@mchsi.com>
References:  <4203F451.9070307@cis.strath.ac.uk> <LOBBIFDAGNMAMLGJJCKNGEEAFAAA.tedm@toybox.placo.com> <205350680.20050205043947@wanadoo.fr> <200502042343.39455.m.hauber@mchsi.com>

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Mike Hauber writes:

MH> Not wanting to jump into this, because I think the whole of the
MH> argument is ridiculous...  But, in a nutshell...  Aren't you 
MH> trying to make the same argument that SCO is trying to make?

I'm not familiar with SCO's argument. The principles of copyright have
existed for a long time. People seem to think that the Internet is
somehow a "copyright-free" zone, where anyone can do anything, but that
just isn't the case, as accumulating jurisprudence proves.

MH> (all due respect, of course)  I just don't see the validity of "I
MH> don't care if the code was legally released to the open source 
MH> communities eons ago!  I don't care how much time and effort has 
MH> been spent building on it.  It's mine and I want it back!"

Explicitly releasing something and "implicitly" releasing it are two
different things.  In general, one never implicitly relinquishes a
copyright.  In some domains of IP, this happens: the failure to actively
defend a trademark can cause it to be lost, for example.  But copyrights
remain, even if nothing is done to defend them, and copyrighted material
is never implicitly licensed to anyone.

MH> Don't get me wrong.  I've made public posts that I look back and
MH> cringe on because I know it's still out there somewhere.  Hell...  
MH> Maybe there's only two of us.  That's life, and we live it 
MH> anyway.

In many cases, you can force those posts to be removed from venues to
which you did not originally post them and for which you never reached
any type of licensing agreement.  People regularly do this in the case
of Google, for example.

MH> Fact is, the cats out of the bag, and I have yet to meet a cat
MH> that likes bags.  :)

The cat is being pushed back into the bag rather rapidly. The legal
profession was slow to apply the law to the Internet, but it is learning
fast. The fact that so few people have chosen to enforce their
copyrights doesn't mean that these copyrights don't exist or cannot be
enforced. And woe to those who feel that they can flagrantly infringe
with impunity; eventually they may come across someone who doesn't feel
the same way and has the will and the resources to sue.

-- 
Anthony




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