Slashdot Mirror
Internet Archive Loses Copyright Fight
tiltowait writes "As reported on LISNews.com, the Internet Archive has lost a copyright lawsuit which challenged the Congressional lengthening of copyright terms and conditions. The ruling has implications for abandonware and other copyright-eligible materials that have no active owner. Brewster Kahle plans to appeal the decision." The decision is available. As we noted in an earlier story, the Eldred case challenged the length of copyright expansion, this one challenged the breadth, and so far, this one is going about as well as the Eldred case did. Stanford has an overview of the case.
As a long-time consumer of abandonware, this is horrible news. If the product is not available for sale, I would aruge that common sense dictates that the public sharing of the product hurts nobody as the copyright is not being actively protected! The persecution of Abandonware when the programme is still available for purchase as part of a 'legacy' series is understandable, but otherwise it is rediculous.
Besides, the ability to play the games that I once oggled over in PC Gamber but couldn't afford is really quite something.
"There's no success like failure, and failure's no success at all."
- Bob Dylan
In regard to copyrights what Google's cache is very similar. So is the Google cache next on the hit list?
Its ironic that the company that probably benefits the most (Disney) from the copyright extension owes it existence to the lack of long copyrights 50 years ago. Lots of the older "Disney Classics" were based on books with expired copyrights. Disney never would have been able to remake Cinderella if the book they adapted it from had a copyright as long the laws allow today.
Looking for a job?
Want your resume written professionally?
DON'T USE TUNAREZ!!!
Software is subject to copyright law.
The law states that copying, distributing, etc. that material, even if it is abandoned and unsupported, is illegal. But there are many individuals who want to use, modify, develop, etc. those materials who are presently prevented from doing so by the law.
If abandoned material was no longer encumbered by copyright, people with an interest could do new and creative things with those materials. Instead, though, the law acts to stifle and constrain new advances and developments, rather than to encourage them.
It preserves the rights of ignorance and suppression, rather than allowing and encouraging creativity, invention, and development.
Congress, the cause, and solution, to our copyright woes...
Has any effort been made to request of congress the creation of a statutory "safe harbor" with respect to the use of material eligible for copyright protection but otherwise abandoned? Would it hurt Disney if the law included protection from liability for those who make a good faith effort to get permission but receive no response?
For that matter, if we really want to treat IP with the same rules as physical property, then should notions about adverse possession, abandonment, and eminent domain apply?
Trying to use sarcasm in text-based forums does not work.
Intellectual property, e.g. copyright, is a legal fiction along the same lines as "corporate personhood". The mistake it appears the courts and the legislature are making is to imbue intellectual property with the same sanctity as actual physical property.
Now I'm a Libertarian who works in an idea business, so I understand the utility of intellectual property, but it seems reasonable that the law should require an actual rights-holder to affirm their rights and/or create a process by which someone who wanted to republish abandoned intellectual property could give notice to the purported rights-holder. If there was not a negative response in say, 60 days, the person would get the rights to publish the work.
Just a thought.
Yours truly,
Mr. X
...killer Benihana shrimp...
Well at least everyone who is legal to vote in the US. Starting a little over a year from now, your local political parties will be holding meetings to determine their direction for the next election. Find out when and where they are, then show up. For the two major parties this is public knowledge posted well in advance. (third parties hold them too, but finding out when and where is more difficult)
Once you are there, start talking, but make it intelligent. Find out the format in advance each party is slightly different. Prepare some resolutions in advance.
Normally the format is someone starts by reading a prepared sentence ("Be it resolved that abortion shall be illegal"), and then the floor is open for debate. Immediately someone will jump in and say no, they disagree ("Abortion is a women's choice"). After a few minutes the chair stops discussion and calls for a vote: yes, no, abstain. (Note I specifically picked an example you are likely to hear when you go! Your resolution will not be near as controversial, so it won't get near as much debate)
At some point they then pick people to represent their local area in the state convention. Get picked! (this isn't hard, in many areas anyone who shows up gets a position if they want it, and then they pick alternates from those who couldn't make it that night but have gone to state in the past) At the state convention much the same happens, except the debates are larger.
Remember, present your resolutions as non-controversial, good ideas. Most people will not be informed, so they will abstain. Then when it gets to state the only people who care are those from /. who took my advice, and are on your side.
Now get your party elected.
The above is the grassroots processes. It is how everything is done politically in the US. The power is by following the above, forget the party boss, they are nothing compared to the millions of little guys working together to get something done.
Note that it does not matter much which party you pick. Neither major party has a monopoly on doing the right thing as far as copyrights (both have done the wrong thing countless times). Pick one you generally agree with, and fix the parts you don't. This works even better when some pick the republicans, and others the democrats. Then when congress meets in 2 years, there is strong grassroots bi-partisan support for your issue, so congress passes it so they can be reelected for doing something non-controversial.
Of course the above is ideal. In the real world reform can take years, and many will oppose you. Keep at it. Good luck.
That's a very interesting theory. The REALITY is that our dear Congress keeps saying "I am altering the deal. Pray I don't alter it any further" every few years.
Ever since the Bono Act, we are living in an age of perpetual copyright. I do not expect any current copyright to expire in my lifetime. It's far less likely to happen than Social Security being solvent in 2040.That would all depend on whether or not you or your company owned the copyright.
If your company owned the copyright, and that company ceases to exist, then now that copyright is in limbo - which is exactly what this lawsuit is trying to address.
If you owned the copyright and not the company, then nothing has happened to the copyright and you can sell your wares as before under any new arrangement.
Even if company goes bankrupt, its IP (copyright) can be sold off and the new buyer would own the copyright.
So your scenario is already covered. It makes no sense to protect abandoned copyrights. It makes about as much sense as protecting abandoned cars on the highway.