I tend to agree with you, at least as respects machine/object code, but for different reasons.
Machine code is code made by machines for machines. But the Constitution only authorizes Congress to protect the "writings" of "authors." I submit that the Framers never contemplated or intended that the concept of an author would encompass a machine or that something made by non-human hands and not readable by humans could constitute a "writing" within the meaning of the Constitution.
That's what I said. BTW, common law copyright only protected unpublished works for which registration had not been issued and for which copyright had not been forfeited (e.g., by publication w/o proper notice). The 1976 Act abolished common law copyrights in most works (cf. pre-1972 sound recordings) and protects both "published" and "unpublished" works.
Of course, its not clear when Kipling first secured federal copyright in the U.S. such the the began to run. That would be the date that he applied for registration or published the work with notice of copyright affixed to the copies. Prior to that date, his work would have been subject only to "common law" copyright (which no longer exists in the U.S.) and which had an indefinite term.
Under the '09 Act (as it existed upon its supercession by the '76 Act on 1/1/78) the term of copyright was 28 years plus a renewal term of 28 years. Add 'em together, you get 56. Add 56 to 1894 you get..... 1950!
Everyone should bring his own suit against M$ as everyone has been harmed by their anti-competitive practices. At least in CA, "any person" can bring an action for, among other things, violation of the unfair competition laws and could potentially recover attorney fees!
Even now, any State could copy and distribute windows with impunity. The reason for this is that States are immune from suit for copyright infringement in federal courts by virtue of the Eleventh Amendment (and recent court decisions thereunder).
If States obtained windows code, they could modify windows prior to copying and distributing!
By giving windows away for free, any State could put M$ out of business starting today!
Slashdot Mirror
I tend to agree with you, at least as respects machine/object code, but for different reasons. Machine code is code made by machines for machines. But the Constitution only authorizes Congress to protect the "writings" of "authors." I submit that the Framers never contemplated or intended that the concept of an author would encompass a machine or that something made by non-human hands and not readable by humans could constitute a "writing" within the meaning of the Constitution.
That's what I said. BTW, common law copyright only protected unpublished works for which registration had not been issued and for which copyright had not been forfeited (e.g., by publication w/o proper notice). The 1976 Act abolished common law copyrights in most works (cf. pre-1972 sound recordings) and protects both "published" and "unpublished" works.
Of course, its not clear when Kipling first secured federal copyright in the U.S. such the the began to run. That would be the date that he applied for registration or published the work with notice of copyright affixed to the copies. Prior to that date, his work would have been subject only to "common law" copyright (which no longer exists in the U.S.) and which had an indefinite term.
Under the '09 Act (as it existed upon its supercession by the '76 Act on 1/1/78) the term of copyright was 28 years plus a renewal term of 28 years. Add 'em together, you get 56. Add 56 to 1894 you get ..... 1950!
Everyone should bring his own suit against M$ as everyone has been harmed by their anti-competitive practices. At least in CA, "any person" can bring an action for, among other things, violation of the unfair competition laws and could potentially recover attorney fees!
Even now, any State could copy and distribute windows with impunity. The reason for this is that States are immune from suit for copyright infringement in federal courts by virtue of the Eleventh Amendment (and recent court decisions thereunder). If States obtained windows code, they could modify windows prior to copying and distributing! By giving windows away for free, any State could put M$ out of business starting today!