Johnson Reavek wrote:

> Actually, if you offered your music for free to begin
> with, you have ipso facto released it to public
> domain, which, like the updates, makes it quite legal
> to distribute. 

Not in the slightest! There is a HUGE difference between offering 
something for free and placing it in the public domain. Offering 
something on your web site for free does NOT make it legal to redistribute.

> Copyright law is quite clear on this. 

You are correct. Reread the law, sir.

> The updates were free.  Always.  That makes them legal
> to distribute.

'Public Domain' is a very specific legal term. Things that are in the 
Public domain are free as in speech, and can be redistributed at will. 
Things offered for free, as in beer, but not placed in the public domain 
are not.

If Beverly offers her music for free, I can download it, I can even tell 
all my friends about it.  Unless she's explicitly released it to the 
Public Domain, I cannot put it on a CD and sell it, or put it opn a CD 
and give it away.

Comanies *usually* offer upgrades for free and simultaneously restrict 
redistribution of those upgrades. Apple is one. They have to; they wish 
to maintain control over the distribution of their products. What if, 
for example (as has happened in the past) upgrades are offered to the 
public that are hacked, viruses, trojans, broken or otherwise altered. 
Who is liable? If a company placed their upgrades in the public domain 
they could well be found liable, paradoxically. Restricting 
redistribution insulates them from such liability.

If you offer Apple software upgrades (which are freely available from 
Apple's web or ftp site) on your site or your magazine CD you *will* get 
a letter from one of Apple's legal team telling you to C&D when they 
find you out.

If you wish to distribute the Quicktime installer, for exaple, with your 
product, you must enter into a contract with Appple to do so, even 
though they don't charge for Quicktime.

-- 
Bruce Johnson
University of Arizona
College of Pharmacy
Information Technology Group

Institutions do not have opinions, merely customs



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