A Copyright Proposal - Macintosh Garden

This page is a wiki. Please login or create an account to begin editing.

3 posts / 0 new

Last post

2012, March 22 - 2:35am

Arthegall

Offline

Joined: 2011 Dec 31

A Copyright Proposal

Posted on the 68kmla forum by Scott Baret:

"Software should have a term of 7 years, renewable up to five times. This would be a maximum of 35 years. Abandoned programs would fall into the public domain pretty quickly (7 to 14 years on average). Also, the system would be retroactively applied to all software older than 7 years unless a publisher applies to have it renewed. In other words, Microsoft could choose to copyright Windows 95, but a defunct company like Silicon Beach would have no way to do this (unless whoever owns their assets today chose to do so, although that would seem unlikely). Also, each version would need to be copyrighted, so even if, say, Word 2011 gets copyrighted, Word 5.1 would not unless it was applied for."

I added:

"The initial application and later renewal applications should be required to include a complete copy to be stored on government-maintained servers for release into the public domain upon copyright expiration.

I also think that the definition should distinguish between patches and complete upgraded versions."

This proposal is, to my mind, excellent. Reform is necessary. Thoughts?

Comments

2012, March 22 - 3:57am

Mulder

Offline

Joined: 2012 Jan 29

It's a nice idea, but it falls short of practicality until the entire copyright/patent system is reformed. And we know that our feckless leaders are bought and paid for.

One huge problem is that Congress continues to create new laws to extend the copyright protection of things that should long ago have fallen into the public domain (think Disney and Mickey Mouse). As long as they continue kow-towing to their corporate masters, there will be no progress here; it will continue to be corporations getting what they want, at the expense of the public.

But with software there is copyright protection, but also the added problem of patent protection. Just because a software title might fall into the public domain for copyright after a prescribed period of time, that doesn't mean the application will actually become available in the public domain. Patents have a life too, which delays an application becoming public domain, and even minor changes to those patents extend the life of the patent.

Further complicating this already muddled process is the fact that various software titles license patented code from other companies, so even if the copyright expires on those applications, the patent for the code may still be in use, and therefore the application can't become public domain unless the license holder for the patented code agrees. That's unlikely, since they don't want their code used freely, even if the application isn't being sold or supported anymore. Some examples of companies that have this problem: Adobe Systems, Sun Microsystems (acquired by Oracle), Alsoft, etc.

It's a good idea, but until we see real, consumer-based reform of this entire system, it simply won't happen.

2012, March 22 - 10:40am

Arthegall

Offline

Joined: 2011 Dec 31

There are problems with the system, and corporate influence is very strong.

But there will be no reform until there's a movement towards reform. And these days, a movement is easier to start than one might think. Remember the campaign to stop SOPA.

Such things begin on boards like this on sites like this. We're at the forefront of software preservation. We understand what's at stake. We've thought about these issues. We should be talking in real terms about what the law should be like and putting pen to paper. If we can't come up with and suggest some sensible reforms, no one else is going to try.