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O'Reilly Commits to Short Copyright Durations

Sam King writes "I found the following link on the lisnews.com site: O'Reilly Adopts 1790 Copyright Durations. A small but encouraging step taken by a publisher." We should provide direct links to O'Reilly's announcement and the Founder's Copyright website.

38 of 336 comments (clear)

  1. Interesting but... by madman101 · · Score: 5, Insightful

    How long are computer books useful these days?

    1. Re:Interesting but... by Anonymous Coward · · Score: 5, Insightful

      K&R C still classic and good

    2. Re:Interesting but... by Arcturax · · Score: 5, Insightful

      Probably not that long, but that is part of the point. How useful is steamboat Mickey to Disney anymore other than to use as filler on an overpriced DVD?

      Also, sometimes good ideas come out of old books, ideas that were valid then and still valid today. I imagine "Unix in a nutshell" will be as useful twenty years from now as it is today.

      --

      --Won't that be grand? Computers and the programs will start thinking and the people will stop. - Dr. Walter Gibbs
    3. Re:Interesting but... by NanoGator · · Score: 5, Insightful

      "How useful is steamboat Mickey to Disney anymore other than to use as filler on an overpriced DVD?"

      That's part of the reason to keep copyrights short. Encourage more diverse growth. Why invent a new character when you have a monopoly on the one you've got?

      --
      "Derp de derp."
    4. Re:Interesting but... by SoftCoreHonesty · · Score: 5, Informative

      You are confusing copyright and trademarks. Disney holds several trademarks on Mickey Mouse and his likeness. Trademarks can be renewed forever.

      The copyrights for Steamboat Willy are for the screenplay and the actual movie only. These copyrights should have run out long ago.

      Even if "Steamboat Willy" becomes public domain people would still have to pay Disney to use Mickey Mouse.

    5. Re:Interesting but... by SoftCoreHonesty · · Score: 5, Insightful

      Wow. Are you way off base. Copyright is a government endorsed temporary monopoly on the distribution of a creative work. It is intended to be a short term incentive to artists to create and be rewarded for their work. Copyright law has nothing to do with the intrinsic or perceived value of a title. The worst novel is protected just as equally as the best.

      In your mind I assume that the works of Tolstoy, Shakespeare, Dickens, Milton, etc. should all still be copyright protected because they still hold value? I am not sure how you can justify that one.

    6. Re:Interesting but... by mOdQuArK! · · Score: 5, Funny

      Dunno, I might pay a little to see Micky get eaten by a dinosaur.

    7. Re:Interesting but... by renehollan · · Score: 3, Interesting
      In your mind I assume that the works of Tolstoy, Shakespeare, Dickens, Milton, etc. should all still be copyright protected because they still hold value? I am not sure how you can justify that one.

      I agree with your objection that copyright intervals should not be tied to some perceived (and, no doubt subjectively determined) intrinsic "value" to a work.

      However, if a work does have high value, as measured by the degree to which it can be exploited in the market place for profit, there will be a desire on the part of the copyright holder to retain the copyright as long as possible. Hence, high-priced lobbying for effectively infinite copyright terms and extentions.

      Understanding this, I wonder if it would be unreasonable to permit copyright extentions, at increasing cost, beyond the initial term (granted at no cost because of no need to formally file to get protection). The revenues collected could be redirected back to promote the development of new works.

      Yes, this smells like a tax, and, as a libertarian, there are few things I detest more than taxes, particularly new ones. However, the only protection one has for a monopoly to reproduce and distribute an original work, is consent of the consumer, presumably obtained (if not by direct contract), by laws relating to issues of what could be called "intellectual property" (encompassing copyright, patent, and trademarks, in different ways). Enforcing such protection requires funding, and this "extended copyright tax" could also be a source of that funding.

      These are partially baked ideas, and I reiterate that my initial reaction to such a "tax" revolts me, but I would not dismiss the notion of financial consideration in exchange for granted copyright extention out of hand.

      --
      You could've hired me.
    8. Re:Interesting but... by Anonymous Coward · · Score: 5, Insightful

      Ideas are not property. Inventions are not property. Copyright laws weren't invented to protect 'property' (there are other laws for this, dealing with 'larceny') but to allow creative sorts some measure of time to profit from their work before said work was turned over to the commons.

      It was a fundamental assumption of the Founding Fathers that no man could own an idea or an invention, that all creative work was derivate of work that came before it, and therefore that it must eventually be given over to the public (in essence, nothing you do in this regard is ever truly original). One of the great Orwellian word-plays of the day is to take intellectual labor and turn it into intellectual 'property', equating it to physical property. Just look how many people buy into the nonsense, and actually argue in support of it!

      Copyrights are not about protecting property but about protecting the motivation of people to create, by giving them a decent time to profit from creativity. There is no 'property' in these endeavors, nor has there ever been any property. The entire concept of property is utterly irrelevant when it comes to copyright, although there are plenty of brainwashed idiots who take what's spoon-fed to them and parrot it endlessly, letting others do their thinking for them.

      The problem with long copyrights is relatively straight-forward: what you invent is by necessity based upon all relevant inventions, research, and science that's gone before you. Your invention would not have been possible if these things had not been available to you. Overly long copyrights make it possible to stifle or even bring creation to a screeching halt because they profit only those invested in the status quo. Why bother to invent thing x if Company ABC is going to sue you for it, or require an enormous licensing fee, because your invention stands upon the shoulders of what they've done? In essence, these copyright laws claim that Company ABC is perfectly justified in claiming ownership not only in what they invented, but also everything that's gone before their invention - and that future potential inventors aren't allowed to do the same.

      Remember, we live in a society where copyright extends to 1-click shopping and naturally occurring phenomena, like genes. You don't even have to invent something derivate, you simply have to yell 'dibs!' fast enough to get a patent. And once you do, it's wholely within your power to put an end to any invention based upon whatever you've copyrighted, or to make the price of entry so high most folks won't bother.

      According to the U.S. Constitution, the highest law in the land, there exists one and only one justifiable reason for copyright:

      "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; "

      Anything else is bullshit, and uncontitutional besides.

    9. Re:Interesting but... by bcrowell · · Score: 4, Informative

      You're wrong on both points. Actually characters can be copyrighted. (To learn more about copyright law, try the relevant Open Directory category.) Mickey Mouse is protected both by trademark and by copyright. Also, Steamboat Willie came out in 1928, so it's still under copyright protection in the U.S. The last date whose copyrights were ever allowed to expire was 1922. So far congress just keeps on renewing 1923+ copyrights, and shows every sign of intending to keep renewing them until the end of time.

    10. Re:Interesting but... by Galvatron · · Score: 4, Interesting
      You also wouldn't be able to use later changes. So if you wanted to make more movies about Steamboat Willy, you probably could. I'm not sure that he was called "Mickey" back then, so you wouldn't be able to use that name. You also would have to draw him the way he was drawn in the early cartoons (looking more like a rat, really), rather than as the child friendly icon he is today.

      Likewise with Aladdin, you can make Aladdin movies, but if in your movie Aladdin had a pet monkey, the princess had a pet tiger, and Jaffar had a pet parrot, you'd probably be hearing from Disney's lawyers.

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
  2. this is good by CaptainZapp · · Score: 3, Informative
    Since 28 years is a long time (specifically for tech books) it's probably more the symbolism and the possibility to set trends and motivate followers.

    I can't remember O'Reilly ever fucking up in a big way (alas they had their share of heat) and their right to rake a decent profit (otherwise no more O'Reilly books and now that would be a shame) goes undisputed.

    I like this move. I really do.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

    1. Re:this is good by jacksonai · · Score: 3, Insightful

      This is a good idea. Just one question:
      When the copyright expires, are they going to give the ebooks to efforts like Project Gutenburg?

      --
      Like Sweepstakes? Try out my service @ http://www.yourpowersweeps.com -- Free 21 day trial, no cc needed.
  3. Can't wait till that copyright runs out by jj_johny · · Score: 4, Funny
    Hey, I am going to really look forward to when the copyright runs out on Perl 3 books, Windows 95 annoyances and appleworks 6: the missing manual. In 14 years I will be able pick up all these and write some derivative work without having to worry about the copyright. .... Well unless they renew them for another 14 years. Then those computer manuals might be out of date.

    But seriously, O'Reilly has done a lot more important stuff in copyright but this is laughable. He is not publishing Steamboat Willie or Moby Dick.

  4. Yes they are relevant after 14 years by Anonymous Coward · · Score: 4, Insightful

    If you think algorythms from 14 years ago are irrelevant you might want to relook at that linux code.

    While many OS specific manual may be woefully obsolete in 14 years many of the underlying concepts are not and many of O'reilly's works that were put out now a decade ago still have valid and relevant information for todays information age.

  5. Just because they're outdated by Mr.roboto · · Score: 3, Insightful

    they're probably accurate for historical context, raw designs, conceptual stuff etc. It's good for their PR, and I'd compare it more to Abandonware software rather then books due to the limited useful life of the publications.

    --
    Don't call my crazy, that's what they called me back in the home!
  6. Re:Yet Another Dupe by kasperd · · Score: 3, Interesting

    How could it possibly be a dupe? The O'Reilly announcement dates one month later than the old Slashdot article you were pointing at. The fact that this new slashdot article first was posted one week after the announcement is another issue though.

    --

    Do you care about the security of your wireless mouse?
  7. That's the point by nuggz · · Score: 5, Insightful

    That is the point, if they only have a shelf life of 5 years, why do we need 100 years of copyright protection?

    This is a real company proving that shorter terms will have a very small, if any effect on them. And provide a case study that short terms are effective.

  8. Re:Well, ok, but... by wfberg · · Score: 4, Insightful

    O'Reilly's gesture is a good and excellent thing of course, but most of their titles are computer books that will be obsolete in six months and useless in three years, so having it enter the public domain in 28 years isn't all that impressive :-)

    That of course, is the whole point. Usually publishers just let a book hang in 'out-of-print but copyrighted' limbo. Maybe in 28 years you'd like to put a copy of "Perl in a nutshell" online, just to show people how much the state-of-the-art has advanced. Or even degraded.. Who are you to say that if a work is not economically valuable it is worthless in every other respect? Conventional publishers don't think so, that's why they hang on to the copyright no-matter-what, to the detriment of the public interest.

    --
    SCO employee? Check out the bounty
  9. How to know if copyright is expired by asmithmd1 · · Score: 4, Informative

    If it was published before 1923 it is in the public domain. Otherwise here is a link to a table that has all the other cases. Until Congress extends it again

  10. Old Manuals are often very good by starseeker · · Score: 5, Insightful

    "thirty-year-old computer science manuals aren't in particularly high demand"

    Not always true. Well written computer science books can often be timeless, and occasionally software can last that long or longer. An example is Maxima (http://maxima.sf.net) which was largely written back in the late sixties and early seventies and is still active today. I'm involved with the documentation effort on that project, and we would dearly love to be able to include the older manuals written about the system. Recreating docs is not simple!

    There are also other very good reasons for these books to survive even if their subject matter doesn't do so well - 1) If the manuals are collected in a huge central archive as their copyrights expire and they become free, then the poor sucker who has to deal with a rare and/or obscure legacy system will have a place to go 2) The design and usage priciples of the software will be documented. They may suck, but old program != bad ideas. In fact, quite the contrary. Look at TeX, or Emacs. Old programs, but masterpieces of their art.

    Don't knock old manuals. Yes there are huge amounts of crap out there in the computer world, but don't casually throw away knowledge. Even of old computer systems. You never know when you might wish you still had it.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  11. Re:Not a great sacrafice for them by studerby · · Score: 4, Insightful
    It's not a great sacrifice for *most* publishers.

    Most works under copyright are out of print, because the publisher can see no economic reason to keep it in print.

    --

    .sig generation error:468(3)

  12. O'Reilly Just Beastiality Porn by Suppafly · · Score: 5, Funny

    O'Reilly is nothing more than Animal porn. They just LOOK like computer books. I should know I saw one at a bookstore and it had an animal on the cover.

    Sick-o's

  13. Good, but there's an even better way... by marian · · Score: 4, Interesting

    An even better idea is the Baen Free Library

    It makes much more sense to put older works out there for everyone at no charge in order to generate interest in newer works. And it's been working just like that for Baen. I know that I've bought quite a few books from various Baen authors after reading some of their work through the Free Library.

    --
    "Suppose you were an idiot..... And suppose you were a member of Congress... But I repeate myself."
  14. Woohoo! by AndroidCat · · Score: 5, Funny

    Only 16 more years until my copy of O'Reilly's Programming with Curses goes public domain!

    --
    One line blog. I hear that they're called Twitters now.
  15. Copyright idea - pay for longer terms? by rhfrommn · · Score: 5, Interesting

    I have a idea that just jumped into my head while reading this thread.

    Why not make copyrights variable? The author could choose to accept the free default (short) copyright, or pay to register for a longer one. And the extra premium you pay for additional years gets more expensive the longer you want it.

    Ok, in order to clarify what I mean, how's this for an example.

    20 years copyright: Free, no registration required.
    30 years: $10,000 registration fee
    40 years: $25,000 registration fee
    50 years: $100,000 registration fee
    75 years: $1,000,000 registration fee

    That way, if you're a big company like Disney and you have something you think will be big, you can pay more to lock it up longer. But if you're willing to let your stuff go into the public domain sooner you don't pay anything.

    Maybe you would allow a copyright holder to change their mind and extend the copyrights later. If you didn't regiser to extend it and your product was a big hit, maybe you could sign up for the longer protection at a later time. Although I think that should be even more expensive than buying the longer copyright protection up front since you could wait till you see how successful your product is before registering (less risk = more cost).

    Even better would be a way to make the copyright charge based on the "value" of the property. Like you'd pay more for a long copyright on Star Wars than you would for a long copyright on Battlestar Galactica. I have no idea how that would work, but it would obviously be a better system than a fixed rate since people who make less from their item don't pay as much to register it.

    I don't know if even *I* like this idea, but it seemed to me that it might be worth throwing out there. Thoughts?

    --
    My motto is: Never give up - unless it's harder than you want it to be.
    1. Re:Copyright idea - pay for longer terms? by jedidiah · · Score: 3, Insightful

      No, you definitely DON'T want to give discounts to copyright extentions for "worthless products". If anything, you would want to encourage media moguls to release anything that wasn't making money for them. Otherwise, you end up with more or less the same mess you have now.

      The fees should not be tied to product value. The fees should be universal and indexed for inflation. The fee should actively DISCOURAGE hoarding of works that won't be published.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Copyright idea - pay for longer terms? by ChaosDiscord · · Score: 3, Insightful
      I don't like the idea that if I wrote Moby Dick when I was 30 I'd have to relinquish my copyright or fork over my retirement money when I was 70.

      I don't know, you might try working for the intervening forty years, just like the rest of the world. I didn't write my first computer program then retire on the proceeds. No, I keep writing new software. Movie makers film new movies, musician record new albums, and writers write more books. Maybe sometime in those forty years you could manage at least one more book? Is it that bloody hard? Melville wrote a number of books after Moby Dick , why can't you?

      In fact, if IP is truly property it should also be inheritable.

      Any copyrights that continue to exist are inherited. That would be why copyright is Life + 70 years for human copyright holders. Of course, shouldn't you spend some time raising your kids to get their own jobs, or at least write their own books?

  16. The Start of Choice by lousyd · · Score: 4, Interesting
    This is what I see happening as more and more people start opting in to shorter copyright terms on their intellectual "property". When the Homey Bobbo Copyright Extension Act of 2005 comes up for the vote, Disney and ilk will argue that there's no problem with the extension because it's not so much a mandate as an option. "Look! Other people are voluntarily limiting themselves! Let those who oppose the extension do the same!"

    And copyright law becomes an issue of choice, in the same way that you still have the choice to close-source your software. You think copyright terms should be shorter? Vote with your work. You think it should be 130 years? You have that option.

    This is just what I'd expect from a publisher who espouses the value of choice, including the choice to not share. This could be good.

    --
    If aspiration is a virtue, achievement cannot be a vice.
    1. Re:The Start of Choice by maxpublic · · Score: 4, Insightful

      And copyright law becomes an issue of choice, in the same way that you still have the choice to close-source your software. You think copyright terms should be shorter? Vote with your work. You think it should be 130 years? You have that option.

      Ideas are not property. Inventions are not property. Copyright laws weren't invented to protect 'property' (there are other laws for this, dealing with 'theft') but to allow creative sorts some measure of time to profit from their work before said work was turned over to the commons.

      It was a fundamental assumption of the Founding Fathers that no man could own an idea or an invention, that all creative work was derivate of work that came before it, and therefore that it must eventually be given over to the public (in essence, nothing you do in this regard is ever truly original). One of the great Orwellian word-plays of the day is to take intellectual labor and turn it into intellectual 'property', equating it to physical property. Just look how many people buy into the nonsense, and actually argue in support of it!

      Copyrights are not about protecting property but about protecting the motivation of people to create, by giving them a decent time to profit from creativity. There is no 'property' in these endeavors, nor has there ever been any property. The entire concept of property is utterly irrelevant when it comes to copyright, although there are plenty of brainwashed idiots who take what's spoon-fed to them and parrot it endlessly, letting others do their thinking for them.

      The problem with long copyrights is relatively straight-forward: what you invent is by necessity based upon all relevant inventions, research, and science that's gone before you. Your invention would not have been possible if these things had not been available to you. Overly long copyrights make it possible to stifle or even bring creation to a screeching halt because they profit only those invested in the status quo. Why bother to invent thing x if Company ABC is going to sue you for it, or require an enormous licensing fee, because your invention stands upon the shoulders of what they've done? In essence, these copyright laws claim that Company ABC is perfectly justified in claiming ownership not only in what they invented, but also everything that's gone before their invention - and that future potential inventors aren't allowed to do the same.

      Remember, we live in a society where copyright extends to 1-click shopping and naturally occurring phenomena, like genes. You don't even have to invent something derivate, you simply have to yell 'dibs!' fast enough to get a patent. And once you do, it's wholely within your power to put an end to any invention based upon whatever you've copyrighted, or to make the price of entry so high most folks won't bother.

      According to the U.S. Constitution, the highest law in the land, there exists one and only one justifiable reason for copyright:

      "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; "

      Anything else is bullshit, and uncontitutional besides.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
  17. Re:But do they ever actually lose the character? by cpt+kangarooski · · Score: 4, Interesting

    One would imagine so. Otherwise mere commerce power trademark law would consume a constitutional limit on copyrights.

    But I haven't seen it come up much. There's the Comedy III Productions thing; the Amos 'n Andy case is vaguely related.

    However, there is a very important caveat. Consider Mickey Mouse: the original Mickey Mouse from the 1928 shorts (Steamboat Willy, The Galloping Gaucho, and Plane Crazy) looks and acts and talks differently than the 'modern' Mickey.

    If the copyright on the original Mickey expired, you could create new works that were derivative of that. But they could NOT be derivative of later works that were still copyrighted. So the later changes to the character (e.g. facial structure) couldn't be used by you, though you could change your own Mickey in new ways.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  18. GPLed works by jdavidb · · Score: 3, Insightful

    Imagine what would happen if Torvalds and Stallman committed to this. Versions of the Linux kernel from 1990 would be available under public domain terms in a year, and versions of emacs and gcc would already be available. It'd be interesting if all the anti-copyleft people who call the GPL "viral" would be sufficiently anti-GPL enough to fork a 14 year old version.

  19. Political speech with public domain by SunPin · · Score: 4, Interesting

    Yeah... I agree... that is precisely why I want short copyrights.

    Humor aside, it's the political speech that scares the crap out of corporations. Disney *knows* that people are going to pound them the minute their stuff gets into public domain.

    For music, however, they have no excuse. Some really terrific stuff can come out of public domain music. The political stuff will be irrelevant in this area, I believe. If people aren't buying music, they are searching for popular music for free. Few people, if anybody, search for political music. The '60s protest rock is the extent of my political noise.

    --
    Laws are for people with no friends.
    1. Re:Political speech with public domain by Wateshay · · Score: 4, Insightful

      I disagree. I think there are a lot of people who enjoy politically oriented music of all genres and eras. You may not listen to anything other than '60's protest rock, but I don't think that's representative.

      Just a few very political bands/artists of note: R.E.M., Annie DiFranco, Pearl Jam, System of a Down

      Also, although I agree that copyrights should be shorter (but not non-existent), I'm not sure that I buy your reason for Disney and other corporations not wanting things to go into the public domain. In what way is anybody's ability to say what they want politically related to whether or not Disney owns the copyright on Steamboat Willy? I don't think Disney wants the copyright on any of their cartoons to expire because then they lose their monopoly on the Mickey Mouse name, not because of political motivations.

      --

      "If English was good enough for Jesus, it's good enough for everyone else."

  20. Changes are coming in tech publishing ... by jc42 · · Score: 5, Interesting

    For another data point, you might find it interesting to check out the changed rules at Nature magazine. For some reason, /. wouldn't accept the usual html tag, so here's the URL:

    http://npg.nature.com/npg/servlet/Content?data=x ml /05_news.xml&style=xml/05_news.xsl

    In February, they basically dropped the old rule that you had to sign your paper over to them to get it published. Now their rule is that copyright must stay with the original author(s). To get it published, you assign to Nature a license that leaves you with ownership and the right to do essentially everything except give up ownership of your paper. You can use it freely in classroom material, make reprints, and put it up on web sites, as long as you maintain control. You can't hand it over to an employer, no matter what their rules may say.

    If your employer already has a legal claim to your paper, Nature won't publish it. To get it published, your employer must first give you full rights.

    And they are assigning ownership of all previously-published papers back to the authors under the same terms.

    Their intent is to guarantee that any research that they publish can be made available to the public by the author(s), and that employers can't take any publication rights away from an author.

    It'll be interesting to see what other tech publishers do.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    1. Re:Changes are coming in tech publishing ... by cweber · · Score: 3, Informative

      Nature's change wasn't just motivated by employers taking away right from authors. There was and is a growing dissent from various corners of the political spectrum and of the scientific establishment that signing over to a (private) publisher copyright of a manuscript that resulted from publicly funded work is fundamentally wrong. If you read the fine print of some of those contracts, after a paper is published a scientist can often not legally use an illustration from that paper in a presentation without written consent from the publisher. Of course, most of us never bothered and got away with it, but increasignly less so.

      Another facet of this is the growing prevalence of ties from academic institutions to commercial entities. Most of these agreements stipulate some form of IP transfer to the commercial side. The government research funding agencies have had an increasingly hard time to allow such wholesale transfer of publicly funded research results to the private sector. Many public grants now stipulate that private cosponsors cannot stop or influence the publication of research, other than maybe hold it up for a short time to review it for possible exploitation down the line (say, through patents).

      All told, Nature's step is very commendable and is a great first step in a direction opposite from current trends.

  21. I would settle for $1 fee by asmithmd1 · · Score: 3, Insightful

    The problem with many old, but still copyrighted works, is that it is impossible to track down who if anyone holds the copyright. For example, who has the copyright on old Apple II games. If there were a $1.00 fee every ten years at least we would know who to go to in order to license the work.

  22. Saving stuff from disappearing by dsplat · · Score: 4, Insightful

    The real value in this is that it helps to keep the commons populated. The commercial value of computing texts after 28 years is effectively nothing. But this makes tracking down older reference materials easier if someone is willing to make them available online. Sure, most technical books are long-forgotten after nearly three decades, but the first edition of Kernighan and Ritchie's The C Programming Language is 25 years old, and Knuth's The Art of Computer Programming goes back several years farther than that. I don't begrudge either the authors or the publishers of those books a penny. But they are still in print in later editions. Releasing other books into the public domain at a time when they aren't profittable to keep in print helps to ensure that they don't disappear entirely from neglect.

    --
    The net will not be what we demand, but what we make it. Build it well.