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public domain and copyright
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         By Dave Sands
   One of the phrases we use quite loosely as computer owners is "public domain." Anothe 
public domain and copyright
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         By Dave Sands
   This article originally appeared in the Edmonton Alberta ADAM Users Group Newsletter the ADAM's Leaf and is supplied to ADAM News Network. 
   One of the phrases we use quite loosely as computer owners is "public domain." Another topic usually characterized by our ignorance of exactly what we mean is "copyright."
   That's why I was interested and absorbed by an article by Richard Clee in the Metro Toronto ADAM Group (MTAG) newsletter. Clee deals with our two subjects in a very informative manner. As president of MTAG and a strong anti-piracy crusader, he means what he says.  Where I've quoted him, it's in quotes, otherwise I have paraphrased or added my own material.
   And incidentally, in crediting Clee and the MTAG, I've abided by the rules -- the newsletter carries a notice allowing the reprinting of original material provided credit is given to the writer and MTAG, which illustrates one of the major points exactly: something physical, like a VCR, or aspirin, can be patented. But an article, or computer software is really an idea: 
   "The physical form isn't important; physically one book or cassette or print is much like any other. The creative value lies in the idea. And since thought is not one of those things you can put in a can or sit on a shelf, the rules protecting it are different. They are called copyright, and they protect what is termed intellectual property."
   And thus, the article, program, idea is the creator's property and he can make conditions for its use: credit in this case, payment in others. The creator can decide not to profit from his work, but that doesn't make it "public domain."
   "Strictly speaking, 'public domain" materials are those so old that the copyright on them has expired...Most of what is termed public domain in computer use isn't, rather it is material on which the copyright is released or not enforced."
   As Clee says, copyright lasts for the life of the author plus 50 years, and since personal computers have been around only about ten, no copyrights can have expired.
   What does this mean to an ADAM owner; isn't Coleco out of business anyway ?
   Much of the software Coleco sold was "licenced" by them; they never owned it at all, just owned the right to sell an ADAM version: the program still belongs to the original owner, and it's still copyrighted. What about Coleco's original material ? It's not clear:
   "It is said by those who claim to know that when Coleco dropped the ADAM, they made a public declaration that they would not prosecute infringement of copyright on their in-house, unreleased material. This is said to include Smartbasic V 2.0, Adamlink II, the DaVinci graphics program, and a number of others. It does not include ADAMCalc, Smartfiler, Smart Letters and Forms, Recipe Filer, Expertype or any other issued programmes. CP/M 2.2. was not owned by Coleco; they issued their version under licence."
   But there are a lot of 'public domain" programs that never were Coleco or anyone else's. How does that work ?
   Citing a tax preparation program written by his wife as an example, he says this program was donated to the MTAG public domain collection.  Since other users will likely expand and improve the original, very soon the donated program will be far better than any one person's individual efforts could make it, but all will be able to use it.
   "Everyone will benefit from the co-operative effort. Thus many programmes in the public domain were put there by someone who had to do the work anyway and decided to share it."
   The reasons for sharing are varied and not important compared to the results:
   "...somehow, somewhere, the creator of the programme believes that he will get a better return for his efforts by not claiming any visible payment for his work. But technically though we may call it public domain, it isn't -- the copyright is still there; it has just been declined."
   So the bottom line on public domain is that:
   "software only comes into the public domain through a positive public declaration by the creator or his agent."
   So if it was being sold, or still is being sold, or is marked copyright, it isn't "public domain."
   One of the reasons for public domain donations is altruism, the reason Mrs. Clee donated the program, and probably the reason we all do good things without expectation of (earthly) reward.  But altruism is not a corporate virtue, and corporations like Apple, Microsoft and IBM, and thousands like them, have a very serious interest in copyright and piracy, and have a very serious method of enforcing their interests: a new Canadian copyright law, and the RCMP. When a school board in Quebec fired a teacher who blew the whistle on her employers for using Apple Macs with illegal software, it all hit the fan for the school board, not the teacher.  The penalties are gross: maximum five years, million dollars fine.  The RCMP don't give a .... about Coleco, but Apple and IBM get their respect. 
   And eventually...they get their man:  " So if you're allergic to the police pawing through your disks, and nasty days in nasty courtrooms, don't copy software and don't buy from people who do." ###
  reason Mrs. Clee donated the program, and probably the reason we all do good things witho
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