<snip>
What is left unmentioned is the risk that the owner of proprietary
work will have. He may be in trouble for making fraudulent copyright
claim in the proprietary work. Courts do not look too kind on the
fraudulent copyright claim.
<snip>
Joseph Pietro Riolo
<josephpietrojeungriolo[_at_]gmail.com>
<riolo[_at_]voicenet.com>
--->I have to disagree with your last sentence. I would argue that the
courts largely ignore absurdly expansive copyright claims. The courts
may rule against them, but they don't seem to penalize the people making
them, even though there is specific legal authority to do so. ISTR that
in the end they couldn't even get court costs from Westlaw for their
claim that page numbers constituted copyrightable expression when added
to public domain law cases.
In the absence of a specific legal means to dedicate a work to the public domain, I would argue that we have to start looking for analogous acts in common law. I think that the enforceability of a contract to donate to charity, despite the lack of a consideration points the way. Received on Mon Feb 13 2006 - 23:05:31 GMT
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