| ??? 10/06/09 14:38 Read: times |
#169474 - Whose interests are "protected"? Responding to: ???'s previous message |
Andy Neil said:
Richard Erlacher said:
...especially of a web-published document? I've already given you examples here: http://www.8052.com/forum/read/169407 What you have here is a claim. A claim is subject to dispute. After all, copyrighted material can't be copyrighted by someone aside from a few specific exceptions else without specific provision by the holder of the original copyright. I doubt any court will take that on. But, the point is, your doubts count for nothing - you need to take proper legal advice if you're actually going to do this! That was the only point I raised. If it was once freely disseminated, and later withdrawn without protocol, I don't think you'll convince any court there's been economic harm or any infringement. You're still missing the point: "infringement" is any infrigement of whatever conditions the owner likes - it has nothing specifically to do with "economic harm" It seems you'd consider it "infringement" having an old magazine out for the use of patients in a doctor's office. After all, the material is already published, and the reader is not the one for whom it was intended. How, exactly, does redistribution of already-published web documents differ? The original publisher intended it to be used as it is being used. No, they didn't. In this example, they intended it just that their customers would use it as part of the design-in of their products - what you are proposing is a quite different use in collecting it into a "library". In what way would that differ from the original publisher's intended purpose? The "library" would be used for the expressed purpose of aiding potential users in the design and implementation of applications of the product to which the specification/datasheet applies. How does that differ from its intended purpose? I'm quite apparently having difficulty following your argument. I have a library of databooks, specifications, among many other things. You're suggesting that lending one of my books, whether it's Shakespeare or National Semiconductor, to my neighbor would be copyright infringement. I just don't see it! Understand, please, that I'm aware there are "issues" in this sort of activity, else I wouldn't be so interested. However, as there are many other datasheet/specification archives, most of which are commercial, but some of which are not, I'm curious why there have been no widely publicized lawsuits over such publication. I suspect it's because there is difficulty in proving economic damage from publication of already-published information already published by the entity that would assume the role of plaintiff. I'm not afraid of learning that my position is wrong. I've been there before ... but I haven't heard/read anything that clearly applies to already published material. I believe you're starting out from the position that one can be sued for walking across the street. Yes, the expense can be significant, but, ultimately, frivolous suits such as that will yield no benefit to the plaintiff, as the courts are (A) refusing to hear cases that have no clear evidence of damage, and (B) the courts are assessing defendant's legal costs to the plaintiff in such cases as they do hear and decide against the plaintiff. Oddly enough, they don't like to waste time either. RE |
