RE: Can abandonment be irrevocable?

2003-08-19 Thread Ken Brown
Peter, Thanks for this. I have to tell you that you are really onto an interesting point. I am not a lawyer, but I believe that there are some legal points here that are probably unprecedented. I believe this particularly because the GPL has not been interpreted on any of these topics by a

Re: Can abandonment be irrevocable?

2003-08-18 Thread John Cowan
Peter Fairbrother scripsit: > Does the author actually "lose" copyright by abandonment? Lose ownership? > Lose the copyright itself? If so, what happens to it? Copyright exists by > statute until expiry, so afaict it can't just "disappear". > > Copyright is a legal, as opposed to a natural or equ

Re: Can abandonment be irrevocable?

2003-08-14 Thread Peter Fairbrother
Rick Moen wrote: > Quoting Peter Fairbrother ([EMAIL PROTECTED]): > >> I totally agree with both of you - I'm trying to convince some people, >> including DJ Bernstein, _not_ to use abandonment, but to use a 2-clause BSD >> licence instead. > > In the case of Prof. Bernstein, he's made very clea

RE: Can abandonment be irrevocable?

2003-08-14 Thread Lawrence E. Rosen
> 1) can Alice can regain ownership of the right? > > What about 1)? How could Alice go about it?? Regain ownership? What do you mean by that? Have her name inscribed on a rock somewhere? Or regain her authority and dominion over a work that she previously abandoned so that she can prevent peo

RE: Can abandonment be irrevocable?

2003-08-14 Thread Lawrence E. Rosen
Why on earth would you risk "abandonment" given the uncertainties you highlighted, when you can get as much or more benefit by simply licensing your work under an open source license? Your questions are interesting; perhaps someone will want to write a law review article about the topic. But in t

Re: Can abandonment be irrevocable?

2003-08-14 Thread Peter Fairbrother
I wrote: > Does the author actually "lose" copyright by abandonment? Lose ownership? > Lose the copyright itself? If so, what happens to it? Copyright exists by > statute until expiry, so afaict it can't just "disappear". > > Copyright is a legal, as opposed to a natural or equitable right, and

Re: Can abandonment be irrevocable?

2003-08-14 Thread Peter Fairbrother
Sorry to ~top-post, and not trim - but I think it's worthwhile in this case. Mike Haisley wrote: > I agree, placing it under an open source license is a much better > alternative, "public domain" is really risky, the only time I have been > able to find court evidence supporting "public domain" i

Re: Can abandonment be irrevocable?

2003-08-14 Thread Rick Moen
Quoting Peter Fairbrother ([EMAIL PROTECTED]): > I suppose that that's up to him; and I'd applaud his efforts to expand > licencing concepts, if that's what they are - but he's advising some > ok+ crypto coders to use abandonment, and I wouldn't like them to come > to grief. Or me. Well, {cough}

RE: Can abandonment be irrevocable?

2003-08-14 Thread Mike Haisley
This Message is NOT Legal Advice. -Original Message- From: Lawrence E. Rosen [mailto:[EMAIL PROTECTED] Sent: Tuesday, August 12, 2003 11:57 PM To: 'Peter Fairbrother'; [EMAIL PROTECTED] Subject: RE: Can abandonment be irrevocable? Why on earth would you risk "aband

Re: Can abandonment be irrevocable?

2003-08-14 Thread Peter Fairbrother
John Cowan wrote: > Peter Fairbrother scripsit: > >> Does the author actually "lose" copyright by abandonment? Lose ownership? >> Lose the copyright itself? If so, what happens to it? Copyright exists by >> statute until expiry, so afaict it can't just "disappear". >> >> Copyright is a legal, as

Re: Can abandonment be irrevocable?

2003-08-14 Thread Peter Fairbrother
Lawrence E. Rosen wrote: >> 1) can Alice can regain ownership of the right? >> >> What about 1)? How could Alice go about it?? > > Regain ownership? What do you mean by that? Have her name inscribed on > a rock somewhere? Or regain her authority and dominion over a work that > she previously

Re: Can abandonment be irrevocable?

2003-08-14 Thread Rick Moen
Quoting Peter Fairbrother ([EMAIL PROTECTED]): > I totally agree with both of you - I'm trying to convince some people, > including DJ Bernstein, _not_ to use abandonment, but to use a 2-clause BSD > licence instead. In the case of Prof. Bernstein, he's made very clear that he simply doesn't like