[free-sklyarov] Copyright as a restriction
Stephen R. Savitzky
steve at theStarport.org
Fri Aug 24 21:22:39 PDT 2001
Jeme A Brelin <jeme at brelin.net> writes:
> On 24 Aug 2001, Stephen R. Savitzky wrote:
> > Jeme A Brelin <jeme at brelin.net> writes:
> > > Don't LICENSE your work. Sell it, and you'll get exactly that and nothing
> > > more or less.
> >
> > IANAL, but I seem to remember that, strictly speaking, what one sells
> > is the physical medium and not the copy.
>
> No, you sell copies. Microsoft claims that they're selling the physical
> medium, but that the copy is licensed... and that's just so much mumbo
> jumbo to restrict your obvious rights.
You're probably right. As you say,
> First sale clearly shows that you buy a copy.
>
> > What a publisher buys from an author, for example, IS called a
> > license.
>
> A publisher doesn't BUY from the author, under normal circumstances.
>
> A license isn't something you buy and sell. It's a contract. The
> contract between an author and his publisher is called a license. This is
> a transfer of rights.
OK, the publisher pays a fee and obtains a contract granting (not
necessarily transferring, unless the publisher gets *exclusive* rights)
some rights. Whether one calls this a sale or something else is
probably academic.
> Actually, I'm pretty sure you don't need a formal license to confer some
> of your exclusive rights reserved via copyright back to the public.
It may not be formal, but I think it's still a kind of license.
> In commercial software, the publisher forces the user to give up some of
> his non-exclusive rights of use of a work purchased and the publisher
> doesn't have to give up anything at all.
>
> You just want to reverse that. You can do so with a statement that isn't
> a license.
>
> Something to the following tune:
>
> I hereby allow the general public to make non-commercial use of my words
> and music and share such use with their friends and community. This
> statement is not intended to relinquish any exclusive rights retained by
> me, the author, with regard to commercial or mass distribution of more
> than 100 copies.
>
> Something like that.
>
> But I'm not a lawyer, either.
Something like that, indeed.
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