[Coco] [Color Computer] Hot Coco Post Partum

[Michael Wayne Harwood]

IDG may not be able to prove that they own the copyright to Hot Coco
material, but I suspect that if they desired to they would be able to
provide a preponderance of evidence that many (if not all) of the authors of
similar articles signed a similar agreement.  This could build a case that
would have a good chance of winning in court in anyone contested their
ownership of copyright.

If I read you right in regards to "orphan works" and "abandonware" you
consider Hot Coco to fall into this category.  If so I respectfully
disagree.  An "orphaned work" is considered such if you cannot contact the
copyright holder to request permission.  In this case the copyright owner
seems to be fairly clear, and though they are being selfish in how they are
handling this they are fully within their rights.

I agree with you in regards to the horror that copyright law has become.
The original intent was to encourage innovation, not to lock down
information.

I am not going to be pursuing this matter with IDG any further.  One poster
mentioned that it would be better if someone else pursued this, and I agree
- I would do more damage than good if I were to continue.  In light of the
new information in regards to the original agreements I have changed my mind
about posting publicly the correspondence I have had with IDG.  If anyone
would like copies for their own information please email me off list and I
will be happy to forward you what I have.


Regards,
Michael Harwood


-----Original Message-----
From: coco-bounces at maltedmedia.com [mailto:coco-bounces at maltedmedia.com] On
Behalf Of John R. Hogerhuis
Sent: Monday, August 01, 2005 2:07 PM
To: ColorComputer at yahoogroups.com
Subject: Re: [Coco] [Color Computer] Hot Coco Post Partum

So the only way to preserve/use Hot Coco articles is 

a) Tracking down and purchasing used copies (no benefit to IDG)
b) Producing infringing copies (no benefit to IDG)
c) Getting authorization to make new copies for free or with royalty to IDG 

To enforce b) IDG would have to track down only enough agreements to make it
very expensive for the infringer, or to somehow show that copyright
assignment was the general policy.

Unless they could show that copyright assignment was the general policy,
c) will probably not happen because even if IDG wanted to, since it would be
very expensive to track down all the original authors and advertisers and
get copies of the original agreements or to get them to sign new ones. The
problem is that the documents IDG had were lost or destroyed whether on
purpose or on mistake somewhere along the line. But the loss of
documentation does not mean the copyrights were never assigned, it is clear
that in some cases they were.

So a) is the only clear option.

Hopefully this makes it clear to everyone how destructive the copyright
system can be. Civilization is based on building upon the the past. To lock
up the past in legal uncertainty like this is *wrong*, period.
Orphan works/abandonware require special consideration, and hopefully
Congress will fix it.

-- John.






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