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1.1     ! root        1: .\"    @(#)copyright.mn        6.1 (Berkeley) 5/26/86
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        !             3: .ds .f copyright.mn
        !             4: .ds h0 "Copyright Law
        !             5: .ds h1
        !             6: .ds h2 %
        !             7: .ds f0 "\*(vr
        !             8: .ds f1
        !             9: .ds f2 "February 26, 1986
        !            10: .mt
        !            11: Copyright Law
        !            12: .au
        !            13: Jordan J. Breslow
        !            14: .ai
        !            15: 1225 Alpine Road, Suite 200
        !            16: Walnut Creek, CA 94596
        !            17: +1 415 932 4828
        !            18: .bt
        !            19: .fn
        !            20: \(co Copyright 1986 Breslow, Redistributed by permission
        !            21: .ef
        !            22: .pg
        !            23: I am an attorney practicing copyright law and computer
        !            24: law.  I read a series of queries in net.legal about
        !            25: copyright law and was dismayed to find that people who
        !            26: had no idea what they were talking about were spreading
        !            27: misinformation over the network.  Considering that the
        !            28: penalties for copyright infringement can include
        !            29: $50,000.00 damages per infringed work, attorneys fees,
        !            30: court costs, criminal fines and imprisonment, and
        !            31: considering that ignorance is no excuse and innocent
        !            32: intent is not even a recognized defense, I cringe to see
        !            33: the network used as a soapbox for the ill-informed.  For
        !            34: that reason, this article will discuss copyright law and
        !            35: license law as they pertain to computer software.
        !            36: .pg
        !            37: My goal is to enable readers to determine when they
        !            38: should be concerned about infringing and when they can
        !            39: relax about it.  I also want to let programmers know how
        !            40: to obtain copyright for their work.  I'll explain the
        !            41: purpose of software licenses, and discuss the effect
        !            42: that the license has on copyright.  For those of you who
        !            43: are programmers, I'll help you decide whether you own
        !            44: the programs you write on the job or your boss owns
        !            45: them.  I will also mention trademark law and patent law
        !            46: briefly, in order to clarify some confusion about which
        !            47: is which.  Incidentally, if you read this entire essay,
        !            48: you will be able to determine whether or not the essay
        !            49: is copyrighted and whether or not you can make a
        !            50: printout of it.
        !            51: .pg
        !            52: This is a long article, and you may not want to
        !            53: read all of it.  Here is an outline to help you decide
        !            54: what to read and what to ignore:
        !            55: .nf
        !            56: .si 10
        !            57: 1.     The Meaning of Copyright from the Viewpoint of the Software User
        !            58: 1.1    A bit of history
        !            59: 1.2    The meaning of \f2copyright\fP
        !            60: 1.3    The meaning of \f2public domain\fP
        !            61: 1.4    A hypothetical software purchase
        !            62: 1.5    Can you use copyrighted software?
        !            63: 1.6    Can you make a backup copy?
        !            64: 1.7    Licenses may change the rules
        !            65: 1.8    Can you modify the program?
        !            66: 1.9    Can you break the copy protection scheme?
        !            67: 1.10   Summary
        !            68: .sp
        !            69: 2.     Copyright Sounds Neat -- How Do I Get One? Or, How Do I Know If
        !            70:        this Program is Copyrighted?
        !            71: 2.1    How do you get a copyright?
        !            72: 2.2    How do you lose a copyright?
        !            73: 2.3    How do you waste a stamp?
        !            74: 2.4    Do you have to register?
        !            75: 2.5    How copyright comes into existence
        !            76: 2.6    The copyright notice
        !            77: 2.7    Advantages of registration
        !            78: 2.8    A test to see if you understand this article
        !            79: .sp
        !            80: 3.     Who Owns The Program You Wrote?
        !            81: 3.1    Introduction
        !            82: 3.2    Programs written as an employee
        !            83: 3.3    Programs written as a contractor
        !            84: .sp
        !            85: 4.     A Brief Word about Licenses
        !            86: 4.1    Why a license?
        !            87: 4.2    Is it valid?
        !            88: .sp
        !            89: .5     I Have a Neat Idea.  Can I Trademark it? What about a Patent?
        !            90: 5.1    Trademark law explained
        !            91: 5.2    Patent law
        !            92: .sp
        !            93: 6.     Conclusion
        !            94: .ei
        !            95: .fi
        !            96: .sp 2
        !            97: .hn 1
        !            98: The Meaning of Copyright from the Viewpoint of the Software User
        !            99: .hn 2
        !           100: A bit of history
        !           101: .pg
        !           102: If you're not interested in history, you can
        !           103: skip this paragraph.
        !           104: .i Modern
        !           105: copyright law first came
        !           106: into existence in 1570,  by an act of Parliament called
        !           107: the Statute of Anne.  Like most laws, it hasn't changed
        !           108: much since.  It was written with books and pictures in
        !           109: mind.  Parliament, lacking the foresight to predict the
        !           110: success of the Intel and IBM corporations, failed to
        !           111: consider the issue of copyrighting computer programs. 
        !           112: .pg
        !           113: At first, courts questioned whether programs could be
        !           114: copyrighted at all.  The problem was that judges
        !           115: couldn't read the programs and they figured the
        !           116: Copyright Law was only meant to apply to things humans
        !           117: (which arguably includes judges) could read without the
        !           118: aid of a machine.  I saw some mythical discussion about
        !           119: that in some of the net.legal drivel.  Let's lay that to
        !           120: rest:  programs are copyrightable as long as there is
        !           121: even a minimal amount of creativity.  The issue was laid
        !           122: to rest with the Software Act of 1980.  That Act
        !           123: modified the Copyright Act (which is a Federal law by
        !           124: the way), in such a way as to make it clear that
        !           125: programs are copyrightable.  The few exceptions to this
        !           126: rule will rarely concern anyone.  The next question to
        !           127: arise was whether a program was copyrightable if it was
        !           128: stored in ROM rather than on paper.   The decision in
        !           129: the Apple v. Franklin case laid that to rest:  it is.
        !           130: .hn 2
        !           131: The meaning of \f2copyright\fP
        !           132: .pg
        !           133: Now, what is copyright?  As it is commonly
        !           134: understood, it is the right to make copies of something
        !           135: -- or to put it the other way around, it is the right to
        !           136: prohibit other people from making copies.  This is known
        !           137: as an exclusive right -- the exclusive right to
        !           138: .i reproduce ,
        !           139: in the biological language of the Copyright
        !           140: Act -- and what most people don't know is that copyright
        !           141: involves not one, not two, but five exclusive rights.   
        !           142: These are (1) the exclusive right to make copies, (2)
        !           143: the exclusive right to distribute copies to the public,
        !           144: (3) the exclusive right to prepare 
        !           145: .i "derivative works"
        !           146: (I'll explain, just keep reading), (4) the exclusive
        !           147: right to perform the work in public (this mainly applies
        !           148: to plays, dances and the like, but it could apply to
        !           149: software), and (5) the exclusive right to display the
        !           150: work in public (such as showing a film).
        !           151: .hn 2
        !           152: The meaning of \f2public domain\fP
        !           153: .pg
        !           154: Before we go any further, what is public
        !           155: domain?  I saw some discussion on the net about public
        !           156: domain software being copyrighted.  Nonsense.  The
        !           157: phrase 
        !           158: .i "public domain,"
        !           159: when used correctly, means the
        !           160: absence of copyright protection.  It means you can copy
        !           161: public domain software to your heart's content.  It
        !           162: means that the author has none of the exclusive rights
        !           163: listed above.  If someone uses the phrase
        !           164: .i "public domain"
        !           165: to refer to
        !           166: .i freeware
        !           167: (software which is copyrighted but is distributed without advance payment
        !           168: but with a request for a donation), he or she is using
        !           169: the term incorrectly.  Public domain means no copyright
        !           170: -- no exclusive rights.
        !           171: .hn 2
        !           172: A hypothetical software purchase
        !           173: .pg
        !           174: Let's look at those exclusive rights from the
        !           175: viewpoint of someone who has legitimately purchased a
        !           176: single copy of a copyrighted computer program.  For the
        !           177: moment, we'll have to ignore the fact that the program
        !           178: is supposedly licensed, because the license changes
        !           179: things.  I'll explain that later.  For now, assume you
        !           180: went to Fred's Diner and Software Mart and bought a
        !           181: dozen eggs, cat food and a word processing program.  And
        !           182: for now, assume the program is copyrighted.
        !           183: .hn 2
        !           184: Can you use copyrighted software?
        !           185: .pg
        !           186: What can you do with this copyrighted
        !           187: software?  Let's start with the obvious:  can you use it
        !           188: on your powerful Timex PC?  Is this a joke?  No.  Prior
        !           189: to 1980, my answer might have been No, you can't use it!
        !           190: .pg
        !           191: People actually pay me for advice like that!  Well
        !           192: think:  you take the floppy disk out of the zip lock
        !           193: baggy, insert it in drive A and load the program into
        !           194: RAM.  What have you just done?  You've made a copy in
        !           195: RAM -- in legalese, you've reproduced the work, in
        !           196: violation of the copyright owner's exclusive right to
        !           197: reproduce.  (I better clarify something here:  the
        !           198: copyright owner is the person or company whose name
        !           199: appears in the copyright notice on the box, or the disk
        !           200: or the first screen or wherever.  It may be the person
        !           201: who wrote the program, or it may be his boss, or it may
        !           202: be a publishing company that bought the rights to the
        !           203: program.  But in any case, it's not you. When you buy a
        !           204: copy of the program, you do not become the copyright
        !           205: owner.  You just own one copy.)
        !           206: .pg
        !           207: Anyway, loading the program into RAM means
        !           208: making a copy.  The Software Act of 1980 addressed this
        !           209: absurdity by allowing you to make a copy if the copy \*(lqis
        !           210: created as an essential step in the utilization of the
        !           211: computer program in conjunction with a machine and ...
        !           212: is used in no other manner ....\*(rq  By the way,
        !           213: somebody tell me what 
        !           214: .i "a machine"
        !           215: means.  If you connect
        !           216: 5 PC's on a network is that 
        !           217: .i "a machine"
        !           218: or
        !           219: .i "several machines" ?
        !           220: A related question is whether or not running
        !           221: software on a network constitutes a performance.  The
        !           222: copyright owner has the exclusive right to do that,
        !           223: remember?
        !           224: .hn 2
        !           225: Can you make a backup copy?
        !           226: .pg
        !           227: OK, so you bought this copyrighted program
        !           228: and you loaded it into RAM or onto a hard disk without
        !           229: the FBI knocking on your door.  Now can you make a
        !           230: backup copy? 
        !           231: .b YES .
        !           232: The Software Act also provided that
        !           233: you can make a backup copy, provided that it \*(lqis for
        !           234: archival purposes only ....\*(rq  What you cannot do,
        !           235: however, is give the archive copy to your friend so that
        !           236: you and your pal both got the program for the price of
        !           237: one.  That violates the copyright owner's exclusive
        !           238: right to distribute copies to the public.  Get it?  You
        !           239: can, on the other hand, give both your original and
        !           240: backup to your friend -- or sell it to him, or lend it
        !           241: to him, as long as you don't retain a copy of the
        !           242: program you are selling.  Although the copyright owner
        !           243: has the exclusive right to distribute (sell) copies of
        !           244: the program, that right only applies to the first sale
        !           245: of any particular copy.  By analogy, if you buy a
        !           246: copyrighted book, you are free to sell your book to a
        !           247: friend.  The copyright owner does not have the right to
        !           248: control resales.  
        !           249: .hn 2
        !           250: Licenses may change the rules
        !           251: .pg
        !           252: At this point, let me remind you that we have
        !           253: assumed that the program you got at the store was sold
        !           254: to you, not licensed to you.  Licenses may change the
        !           255: rules.
        !           256: .hn 2
        !           257: Can you modify the program?
        !           258: .pg
        !           259: Now, you're a clever programmer, and you know
        !           260: the program could run faster with some modifications. 
        !           261: You could also add graphics and an interactive mode and
        !           262: lots of other stuff.  What does copyright law say about
        !           263: your plans?  Well ... several different things,
        !           264: actually.  First, recall that the copyright owner has
        !           265: the exclusive right to make derivative works.  A
        !           266: derivative work is a work based on one or more
        !           267: preexisting works.  It's easy to recognize derivative
        !           268: works when you think about music or books.  If a book is
        !           269: copyrighted, derivative works could include a
        !           270: screenplay, an abridged edition, or a translation into
        !           271: another language.  Derivative works of songs might be
        !           272: new arrangements (like the jazz version of Love Potion
        !           273: Number 9), a movie soundtrack, or a written
        !           274: transcription, or a 
        !           275: .i "long version" , (such as the fifteen
        !           276: minute version of \*(lqWipe Out\*(rq with an extended drum solo
        !           277: for dance parties).  In my opinion, you are making a
        !           278: derivative work when you take the store-bought word
        !           279: processor and modify it to perform differently.  The
        !           280: same would be true if you 
        !           281: .i translated
        !           282: a COBOL program
        !           283: into BASIC.  Those are copyright infringements -- you've
        !           284: horned in on the copyright owner's exclusive right to
        !           285: make derivative works.  There is, however, some
        !           286: breathing room.  The Software Act generously allows you
        !           287: to 
        !           288: .i adapt
        !           289: the code  if the adaptation \*(lqis created as an
        !           290: essential step in the utilization of the computer
        !           291: program in conjunction with a machine ....\*(rq  For
        !           292: example, you might have to modify the code to make it
        !           293: compatible with your machine.  
        !           294: .hn 2
        !           295: Can you break the copy protection scheme?
        !           296: .pg
        !           297: Moving right along, let's assume your store
        !           298: bought program is copy protected, and you'd really like
        !           299: to make a backup copy.  You know this nine-year-old whiz
        !           300: who can crack any copy-protection scheme faster than you
        !           301: can rearrange a Rubix cube.  Is there a copyright
        !           302: violation if he succeeds?  There's room to argue here. 
        !           303: When you try to figure out if something is an
        !           304: infringement, ask yourself, what exclusive right am I
        !           305: violating?  In this case, not the right to make copies,
        !           306: and not the right to distribute copies.  Public
        !           307: performance and display have no relevance.  So the key
        !           308: question is whether you are making a 
        !           309: .i "derivative work" .
        !           310: My answer to that question is, \*(lqI doubt it.\*(rq  On the
        !           311: other hand, I also doubt that breaking the protection
        !           312: scheme was \*(lqan essential step\*(rq in using the program in
        !           313: conjunction with a machine.  It might be a \*(lqfair use,\*(rq
        !           314: but that will have to wait for another article.  Anyone
        !           315: interested in stretching the limits of the \*(lqfair use\*(rq
        !           316: defense should read the Sony 
        !           317: .i Betamax
        !           318: case.
        !           319: .hn 2
        !           320: Summary
        !           321: .pg
        !           322: Let me summarize. Copyright means the
        !           323: copyright owner has the exclusive right to do certain
        !           324: things. Copyright infringement means you did one of
        !           325: those exclusive things (unless you did it within the
        !           326: limits of the Software Act, i.e., as an essential step ....).
        !           327: .hn 1
        !           328: Copyright Sounds Neat -- How Do I Get One?  Or, How Do I Know if this Program is Copyrighted?
        !           329: .hn 2
        !           330: How do you get a copyright?
        !           331: .pg
        !           332: If you've written an original program, what do you have to do to get a
        !           333: copyright? Nothing. You already have one.
        !           334: .hn 2
        !           335: How do you lose a copyright?
        !           336: .pg
        !           337: If you've written an original
        !           338: program, what do you have to do to lose your copyright
        !           339: protection?  Give copies away without the copyright
        !           340: notice.
        !           341: .hn 2
        !           342: How do you waste a stamp?
        !           343: .pg
        !           344: If you mail the program to yourself
        !           345: in a sealed envelope, what have you accomplished? 
        !           346: You've wasted a stamp and an envelope and burdened the
        !           347: postal system unnecessarily.  
        !           348: .hn 2
        !           349: Do you have to register?
        !           350: .pg
        !           351: Do you have to register your program
        !           352: with the U.S. Copyright Office?  No, but it's a damn
        !           353: good idea.
        !           354: .hn 2
        !           355: How copyright comes into existence
        !           356: .pg
        !           357: Copyright protection (meaning the five
        !           358: exclusive rights) comes into existence the moment you
        !           359: .i fix
        !           360: your program in a 
        !           361: .i "tangible medium" .
        !           362: That means
        !           363: write it down, or store it on a floppy disk, or do
        !           364: something similar.  Registration is optional.  The one
        !           365: thing you must do, however, is protect your copyright by
        !           366: including a copyright notice on every copy of every
        !           367: program you sell, give away, lend out, etc.  If you
        !           368: don't, someone who happens across your program with no
        !           369: notice on it can safely assume that it is in the public
        !           370: domain (unless he actually knows that it is not).  
        !           371: .hn 2
        !           372: The copyright notice
        !           373: .pg
        !           374: The copyright notice has three parts.  The
        !           375: first can be either a c with a circle around it (\(co), or the
        !           376: word 
        !           377: .b Copyright
        !           378: or the abbreviation 
        !           379: .b Copr.
        !           380: The c
        !           381: with a circle around it is preferable, because it is
        !           382: recognized around the world; the others are not.  That's
        !           383: incredibly important.  Countries around the world have
        !           384: agreed to recognize and uphold each others' copyrights,
        !           385: but this world-wide protection requires the use of the c
        !           386: in a circle.  On disk labels and program packaging, use
        !           387: the encircled c.  Unfortunately, computers don't draw
        !           388: small circles well, so programmers have resorted to a c
        !           389: in parentheses: (c).  Too bad.  That has no legal
        !           390: meaning.  When you put your notice in the code and on
        !           391: the screen, use 
        !           392: .b Copyright
        !           393: or 
        !           394: .b Copr.
        !           395: if you can't make a circle.
        !           396: .pg
        !           397: The second part of the notice is the \*(lqyear
        !           398: of first publication of the work.\*(rq  
        !           399: .i Publication
        !           400: doesn't mean distribution by Osborne Publishing Co.  It
        !           401: means distribution of copies of the program to the
        !           402: public \*(lqby sale or other transfer of ownership, or by
        !           403: rental, lease, or lending.\*(rq  So when you start handing
        !           404: out or selling copies of your precious code, you are
        !           405: publishing.  Publication also takes place when you
        !           406: merely OFFER to distribute copies to a group for further
        !           407: distribution.  Your notice must include the year that
        !           408: you first did so.
        !           409: .pg
        !           410: The third part of the notice is the name of
        !           411: the owner of the copyright.  Hopefully, that's you, in
        !           412: which case your last name will do.  If your company owns
        !           413: the program -- a legal issue which I will address later
        !           414: in this article -- the company name is appropriate.
        !           415: .pg
        !           416: Where do you put the notice?  The general
        !           417: idea is to put it where people are likely to see it. 
        !           418: Specifically, if you're distributing a human-readable
        !           419: code listing, put it on the first page in the first few
        !           420: lines of code, and hard code it so that it appears on
        !           421: the title screen, or at sign-off, or continuously.  If
        !           422: you're distributing machine-readable versions only, hard
        !           423: code it.  As an extra precaution, you should also place
        !           424: the notice on the gummed disk label or in some other
        !           425: fashion permanently attached to the storage medium.
        !           426: .hn 2
        !           427: Advantages of registration
        !           428: .pg
        !           429: Now, why register the program?  If no one
        !           430: ever rips off your program, you won't care much about
        !           431: registration.  If someone does rip it off, you'll kick
        !           432: yourself for not having registered it.  The reason is
        !           433: that if the program is registered before the
        !           434: infringement takes place, you can recover some big bucks
        !           435: from the infringer, called statutory damages, and the
        !           436: court can order the infringer to pay your attorneys
        !           437: fees.  Registration only costs $10.00, and it's easy to
        !           438: do yourself.  The only potential disadvantage is the
        !           439: requirement that you deposit the first and last 25 pages
        !           440: of your source code, which can be inspected (but not
        !           441: copied) by members of the public.  
        !           442: .hn 2
        !           443: A test to see if you understand this article
        !           444: .pg
        !           445: Now, someone tell me this:  is this article copyrighted?  Can you print it?
        !           446: .hn 1
        !           447: Who Owns The Program You Wrote?
        !           448: .hn 2
        !           449: Introduction
        !           450: .pg
        !           451: The starting point of this analysis is that if you wrote
        !           452: the program, you are the author, and copyright belongs
        !           453: to the author.  HOWEVER, that can change instantly. 
        !           454: There are two common ways for your ownership to shift to
        !           455: someone else:  first, your program might be a \*(lqwork for
        !           456: hire.\*(rq  Second, you might sell or assign your 
        !           457: .i rights
        !           458: in the program, which for our purposes means the
        !           459: copyright.  
        !           460: .hn 2
        !           461: Programs written as an employee
        !           462: .pg
        !           463: Most of the programs which you write at
        !           464: work, if not all of them, belong to your employer. 
        !           465: That's because a program prepared by an employee within
        !           466: the scope of his or her employment is a \*(lqwork for hire,\*(rq
        !           467: and the employer is considered the 
        !           468: .i author .
        !           469: This is more or less automatic if you are an employee -- no
        !           470: written agreement is necessary to make your employer the
        !           471: copyright owner.  By contrast, if you can convince your
        !           472: employer to let you be the copyright owner, you must
        !           473: have that agreement in writing.
        !           474: .pg
        !           475: By the way, before you give up hope of
        !           476: owning the copyright to the program you wrote at work,
        !           477: figure out if you are really an employee.  That is
        !           478: actually a complex legal question, but I can tell you
        !           479: now that just because your boss says you are an employee
        !           480: doesn't mean that it's so.  And remember that if you
        !           481: created the program outside the 
        !           482: .i scope
        !           483: of your job, the
        !           484: program is not a \*(lqwork for hire.\*(rq  Finally, in
        !           485: California and probably elsewhere, the state labor law
        !           486: provides that employees own products they create on
        !           487: their own time, using their own tools and materials. 
        !           488: Employment contracts which attempt to make the employer
        !           489: the owner of those off-the-job 
        !           490: .i inventions
        !           491: are void, at least in sunny California.
        !           492: .hn 2
        !           493: Programs written as a contractor
        !           494: .pg
        !           495: Wait a minute:  I'm an independent
        !           496: contractor to Company X, not an employee.  I come and go
        !           497: as I please, get paid by the hour with no tax withheld,
        !           498: and was retained to complete a specific project.  I
        !           499: frequently work at home with my own equipment.  Is the
        !           500: program I'm writing a \*(lqwork for hire,\*(rq owned by the
        !           501: Company?  Maybe, maybe not.  In California, this area is
        !           502: full of landmines for employers, and gold for
        !           503: contractors.
        !           504: .pg
        !           505: A contractor's program is not a \*(lqwork for
        !           506: hire,\*(rq and is not owned by the company, unless (1) there
        !           507: is a written agreement between the company and the
        !           508: contractor which says that it is, and (2) the work is a
        !           509: .i" commissioned work" .
        !           510: A
        !           511: .i "commissioned work"
        !           512: is one of
        !           513: the following:  (a)  a contribution to a 
        !           514: .i "collective work" ,
        !           515: (b) an audiovisual work (like a movie, and maybe like a video game),
        !           516: (c) a translation, (d) a compilation, (e) an instructional text,
        !           517: (f) a test or answer to a test, or (g) an atlas.  I know you must be
        !           518: tired of definitions, but this is what the real legal
        !           519: world is made of.  An example of a  collective work is a
        !           520: book of poetry, with poems contributed by various
        !           521: authors.  A piece of code which is incorporated into a
        !           522: large program isn't a contribution to a collective work,
        !           523: but a stand-alone program which is packaged and sold
        !           524: with other stand-alone programs could be.   
        !           525: .pg
        !           526: So where are we?  If you are a contract
        !           527: programmer, not an employee, and your program is a
        !           528: .i "commissioned work" ,
        !           529: and you have a written agreement
        !           530: that says that the program is a \*(lqwork for hire\*(rq owned by
        !           531: the greedy company, who owns the program?  That's right,
        !           532: the company.  But guess what?  In California and
        !           533: elsewhere the company just became your employer!  This
        !           534: means that the company must now provide worker's
        !           535: compensation benefits for you
        !           536: .b "AND UNEMPLOYMENT INSURANCE" .
        !           537: .hn 1
        !           538: A Brief Word About Licenses. 
        !           539: .hn 2
        !           540: Why a license?
        !           541: .pg
        !           542: When you get software at the local five and dime, the
        !           543: manufacturer claims that you have a license to use that
        !           544: copy of the program.  The reason for this is that the
        !           545: manufacturer wants to place more restrictions on your
        !           546: use of the program than copyright law places.  For
        !           547: example, licenses typically say you can only use the
        !           548: program on a single designated CPU.  Nothing in the
        !           549: copyright law says that.  Some licenses say you cannot
        !           550: make an archive copy.  The copyright law says you can,
        !           551: remember?  But if the license is a valid license, now
        !           552: you can't.  You can sell or give away your copy of a
        !           553: program if you purchased it, right?  That's permitted by
        !           554: copyright law, but the license may prohibit it.  The
        !           555: more restrictive terms of the license will apply instead
        !           556: of the more liberal copyright rules.
        !           557: .hn 2
        !           558: Is it valid?
        !           559: .pg
        !           560: Is the license valid?  This is hotly debated
        !           561: among lawyers.  (What isn't?  We'll argue about the time
        !           562: of day.)  A few states have passed or will soon pass
        !           563: laws declaring that they are valid.  A few will go the
        !           564: other way.  Federal legislation is unlikely.  My
        !           565: argument is that at the consumer level, the license is
        !           566: not binding because there is no true negotiation (unless
        !           567: a state law says it is binding), but hey that's just an
        !           568: argument and I'm not saying that that's the law.  In any
        !           569: case, I think businesses which buy software will be
        !           570: treated differently in court than consumers.  Businesses
        !           571: should read those licenses and negotiate with the
        !           572: manufacturer if the terms are unacceptable.  
        !           573: .hn 1
        !           574: I Have A Neat Idea. Can I Trademark It?  What About patent?
        !           575: .hn 2
        !           576: Trademark law explained
        !           577: .pg
        !           578: Sorry, no luck.  Trademark law protects names:  names of
        !           579: products and names of services.  (Note that I did not
        !           580: say names of companies.  Company names are not
        !           581: trademarkable.)  If you buy a program that has a
        !           582: trademarked name, all that means is that you can't sell
        !           583: your own similar program under the same name.  It has
        !           584: nothing to do with copying the program.  
        !           585: .hn 2
        !           586: Patent Law
        !           587: .pg
        !           588: Patent law can apply to computer programs,
        !           589: but it seldom does.  The main reasons it seldom applies
        !           590: are practical:  the patent process is too slow and too
        !           591: expensive to do much good in the software world.  There
        !           592: are also considerable legal hurdles to overcome in order
        !           593: to obtain a patent.  If, by chance, a program is
        !           594: patented, the patent owner has the exclusive right to
        !           595: make, use or sell it for 17 years.
        !           596: .hn 1
        !           597: CONCLUSION
        !           598: .pg
        !           599: I know this is a long article,
        !           600: but believe it or not I just scratched the surface. 
        !           601: Hopefully, you'll find this information useful, and
        !           602: you'll stop passing along myths about copyright law.  If
        !           603: anyone needs more information, I can be reached at the
        !           604: address on the first page.
        !           605: Sorry, but I do not usually have
        !           606: access to the network, so you can't reach me there. 
        !           607: .sp
        !           608: Thank you.  JORDAN J. BRESLOW

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