[Coco] mikeyterm (software copyrights)

[John Donaldson]

A similar thing happen a few years ago with the Railroads and Model 
Railroading. For decades model railroading had used any railroad logo, 
signs, and etc. even the commercial model railroad companies did too. 
Then the railroads decided that all the logos, sign, and etc, including 
lines that no longer existed were copyrighted and tried to force Model 
railroad companies, clubs, and people to buy a license to use these 
items. It took a couple of years, but enough stink was produce that they 
finial back down. It was pointed out in court that since the railroads 
had not tried to enforce the copyrights for decades and had praised the 
hobby  that they had forefited thier rights and trying to enforce it now 
was fruitless. But it took the work of the NMRL, Model Railroad 
companies, and thousands of clubs over two years to convince the courts 
that the railroads had no case. They would have put an entire hobby out 
of business that had has been around for almost 100 years. Besides they 
were asking up to $1,000 for a license for clubs and over $10,000 for 
companies. So sometime the little man can win against the giants but it 
takes a huge effort to do so.

John Donaldson


Frank Swygert wrote:

> Just remember that copyright is like speed limits -- someone has to be 
> there to enforce it or it's really worthless. The copyright was 
> changed at the urging of big companies like Disney who have 
> "commodities" like Mickey Mouse, whose copyright would have expired 
> long ago, that they count on. If you violate a copyright there has to 
> be someone to complain or it's a moot point. But a company like Disney 
> WILL complain! In order to win a judgement they have to prove damages, 
> or that a profit was being made at the least. Most, even Disney and 
> the US auto makers, simply issue a "cease and desist" letter from 
> their legal staff as a first step, then pursue legal action if you 
> continue. I'm not sure if the law requires them to tell you to stop 
> first or not, I would think that it does, but they could continue 
> legal action even if you did quit IF they could prove/suspected you 
> made a substantial amount of money from them. Shortly after Daimler 
> too over Chrysler the legal-beagles went aft
> er clubs that were using the Mopar and other Chrysler logos. they 
> issued cease and desist orders with instructions on how to license the 
> logos. They got a lot of complaints, and lost quite a few customers! 
> They did allow clubs free use, but only after an approval process. 
> Someone finally realized it was costing them a lot for nothing and 
> they stopped messing with the clubs who just sold T-shirts and 
> calendars locally anyway.
> -----------
> Date: Wed, 17 Sep 2008 21:01:16 -0700
> From: shadow at shadowgard.com
>
>> > Copyright doesn't expire that quickly.
>>   
>
>
> Yep. In fact given when the term was changed, *no* personal computer 
> software copyright is going to expire (in the US at least) before 
> 2025. Might even be 2050.
>
> Term is either 50 or 75 years for copyright not owned by the author (I 
> forget which). Thus nothing written after 1975 would expire before the 
> years I gave above.
>
> For stuff where the author has the copyrigt, the clock doesn't start 
> until the author *dies*.
>
> so unless the author has placed the software in the public domain, you 
> are violatimng copyright unless you have his permission.
>
> Oh yeah, if someone *other* than the author say it's in the public 
> domain and you distribute it, relying on their advice and they are 
> wrong, you are still legally liable for the infringement.
>


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