Re: Re: Re: Software Licensing Agreement - Public Domain dedication

From: Andrew SkinnerLopata <asl[_at_]callatg.com>
Date: Mon, 13 Feb 2006 13:05:31 -0500


Joseph Pietro Riolo wrote:
> Without seeing the court decision, I have some doubts on
> what you said. I googled on the title of the court case and
> read some comments on the case. Apparently, the case is
> not about copying the public domain work but about Filmation's
> copying Disney's copyrighted works during the interim before
> the Filmation's new work was finalized.
You are correct that the focus of the case was on Filmation copying Disney's work during the process of preparing Filmation's final work. This is pure speculation on my part but, the impression I got from the case was that Filmation did the interim copying as part of a process to make sure the final product would not infringe Disney's work. Obviously the motivation for copying does not matter from a legal standpoint (except for possibly in some fair use cases).

However, I think the real life lesson of the case (as opposed to the legal lesson) is to be careful how you forage in the public domain, especially if the territory has been trampled by a ten ton mouse.

-Andy Received on Mon Feb 13 2006 - 23:05:31 GMT

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