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Japan has a scheme for orphaned games where if you can prove you did due diligence in searching for a rightsholder and couldn't find one, you can go ahead with

by ndiddy 1y ago

Japan has a scheme for orphaned games where if you can prove you did due diligence in searching for a rightsholder and couldn't find one, you can go ahead with rereleasing the game and the royalty payments get held in escrow by the government in case the rightsholder comes forward. I wish the US had something similar for cases like these.

2OEH8eoCRo0 1y ago
In meatspace you can take ownership of abandoned land if you maintain it for a time. It's called adverse possession. Where is the SW equivalent? We should be able to gain ownership of abandoned software.
- Fwirt 1y ago
  This is often misunderstood and varies by jurisdiction. Often called "squatter's rights", it is often thought to mean "if I use this land for a long time without anybody noticing it becomes mine", but e.g. in my jurisdiction, you also have to have prove that you didn't know it wasn't yours. For example, if your backyard fence has been 5 feet over the property line for 10 years and nobody noticed, but then suddenly your next door neighbor has the property surveyed and tells you to move your back fence, you can take them to court and potentially claim that extra 5 feet as your own. But you can't just scoot your back fence over a couple inches every year and then eventually lay claim to your neighbor's backyard because they didn't notice it was shrinking, nor can you "find" "abandoned" land, build a house on it, and then claim it as your own. I believe there are a few jurisdictions where this actually is the case, but it's fewer than many people believe. And then of course you have the reality of squatters invading people's homes while they are on vacation for a week and the police being completely unwilling to get involved, which I understand was a big problem in France for a while. IANAL
  - 2OEH8eoCRo0 1y ago
    You're getting bogged down in details and ignoring my main point.
- j16sdiz 1y ago
  Why would you need the ownership of that? All I care is the right to create/distribute copies and derived works
hn773746483 1y ago
Is this what happened with Vanguard Princess?

by ndiddy 1y ago

2OEH8eoCRo0 1y ago

In meatspace you can take ownership of abandoned land if you maintain it for a time. It's called adverse possession. Where is the SW equivalent? We should be able to gain ownership of abandoned software.

Fwirt 1y ago
This is often misunderstood and varies by jurisdiction. Often called "squatter's rights", it is often thought to mean "if I use this land for a long time without anybody noticing it becomes mine", but e.g. in my jurisdiction, you also have to have prove that you didn't know it wasn't yours. For example, if your backyard fence has been 5 feet over the property line for 10 years and nobody noticed, but then suddenly your next door neighbor has the property surveyed and tells you to move your back fence, you can take them to court and potentially claim that extra 5 feet as your own. But you can't just scoot your back fence over a couple inches every year and then eventually lay claim to your neighbor's backyard because they didn't notice it was shrinking, nor can you "find" "abandoned" land, build a house on it, and then claim it as your own. I believe there are a few jurisdictions where this actually is the case, but it's fewer than many people believe. And then of course you have the reality of squatters invading people's homes while they are on vacation for a week and the police being completely unwilling to get involved, which I understand was a big problem in France for a while. IANAL
- 2OEH8eoCRo0 1y ago
  You're getting bogged down in details and ignoring my main point.
j16sdiz 1y ago
Why would you need the ownership of that? All I care is the right to create/distribute copies and derived works

hn773746483 1y ago

Is this what happened with Vanguard Princess?