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