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As a practical matter, an unenforced copyright is as good as no copyright. However, if citizens routinely feel they can violate the law because it is neither en
by spiffytech 16y ago
As a practical matter, an unenforced copyright is as good as no copyright. However, if citizens routinely feel they can violate the law because it is neither enforced nor harmful to do so, the law should be rewritten to restrict it to scenarios where it is meaningful.
Also, 'out of print' is not 'not findable'. When Google created their Google Books system they encountered many books they wanted to scan whose copyright holders could not be located. The same is true for many old video games: many people remember playing games in their childhood that would now only be available if someone posted a ROM because the original game cartridges or consoles are difficult to come by. However, because the copyright holder cannot be found, there can be no legal means to distribute said games for many decades.
- grav1tas 16y agoAgreed, it's limbo really. Those who choose to 'pirate' 'abandonwares' assume the risk (however large or small) of being hit with a lawsuit. Though, I think that quantifying damages of a non-distributed copy written work might not be very easy in court, but lawyers are a crafty bunch. It seems like there's a trend to remarket old copywritten material where there's a market for it, especially with new cheap distribution models you see like with Steam or Amazon's Ebook store, for example. This could work to reduce the number of abandoned works and push them back into availability to the general public.