Date: Sun, 30 Mar 1997 12:21:43 -0800 (PST)
Sender: Vanagon Mailing List <vanagon@vanagon.com>
From: Perry Patterson <no1ukn0@netcom.com>
Subject: Re: Copyright free for all
Hey,
I've been wrong before so please correct me (and let me know if you're a
lawyer or not specializing in copyright law).
I had to take a course in Copyright law in college (which in no way at
all makes me an expert and it was 10 yrs ago) and this is what I remembered:
I AM NOT A LAWYER
A copyright holder has to vigorously protect that product even when it is
out of print for the length of the copyright (something around 30 or 40
years (?) which can then be renewed for a total of around 70 some odd
years of protection). This means that a person wishing to copy something
must do so with the copyright owners written permission which usually
involves royalties. If someone copies a piece of copyrighted material
and distributes it (even if that person makes no money on it) and the
copyright owner does not pursue that person in court or otherwise makes a
move to protect the copyright, this sets a precedent which could be used
by another offender in the future in court to say that the copyright
holder is not defending the copyright; therefore, the material would be
considered public domain (hey, they let the last guy get away with it;
therefore, everyone should get a way with it). That is why we saw that
nice letter from VW explaining their ownership of the copyright.
Now penalties. If I remember correctly if you are found guilty of
violating a copyright:
1.) All objects you used to violate the copyright (computer, modem,
printer, CD, video tape, etc. duplicating machines etc.) will be seized
by the copyright holder.
2.) Treble damages (that's 3X the amount of I don't know what) will be
levied against the violator.
Again: I AM NOT A LAWYER.
So if you like, take my little essay above with a grain of salt.
However, it's not pretty when the cops knock on your door, thrust a
warrant in your hands and walk off with your computer, etc.
It hasn't happened to me (I have no intention of violating a copyright)
but it has happened. And don't forget, the issue of Copyrights is a
touchy one on the Internet.
If you are a lawyer in this area of expertise, please forgive me my
transgression in your field. I just want to prevent people from possibly
getting in deep trouble.
Personally, I'd love to see the book. I remember someone posting the
E'mail or Snail mail address a while back for the person in charge of
this book @VW.
Maybe we can get that person @ VW to have a minion copy and bind 100 or
so copies of the book (this would take a half day or so of the intern's
time) and advertise it on this list and maybe sell it for a little over
what it costs to copy (enough to cover the minion's time). This would
preserve the copyright in VW's eye, and if it's cheap enough (~$5.00)
create tons of good will for VW among us obvious lovers of their past
products (Hey, they owe us for that Wasserboxer disaster - leaky gaskets
and bad water pumps et al).
If any of you lawyers out there (or friends of lawyers) could clarify
this issue, I think it could possibly save some people a lot of hassle.
Again: I AM NOT A LAWYER.
The ravings of a man who once took a class.
Perry
no1ukn0@netcom.com