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From: cem@intelca.UUCP (Chuck McManis)
Newsgroups: net.micro.cpm
Subject: Re: keeping modm700 in the public domain
Message-ID: <301@intelca.UUCP>
Date: Thu, 14-Jun-84 12:33:46 EDT
Article-I.D.: intelca.301
Posted: Thu Jun 14 12:33:46 1984
Date-Received: Sat, 16-Jun-84 00:44:49 EDT
References: <791@sri-arpa.UUCP>
Organization: Intel, Santa Clara, Ca.
Lines: 36

Irv Hoff did *NOT* take MDM7 out of the public domain.

What Irv did was to enhance MDM730, (who hasn't) and copyright the
enhancements as MDM740. Which is NOT public domain. However, MDM730
is and always will be and you get the source to it, so you can still
get MDM730 and add Irvs enhancements (write your own code for them)
and have a functional equivalent of MDM740. What he also seems to 
have tried is to trademark the MDM7xx name. If I read my trademark law
correctly, there is no provision for trademarks with ambigous characters
in them, (how about Axxxxxx (TM) :-) ) He could probably trademark MDM7
though if it had never been in the public domain, since it has I doubt
he could explain his reasons for wanting trademark protection on a 
product he originally donated to the national trust. So I think all
Irv has done is seriously dampened if not killed off the MDM7 line. 
Since if I am only going to get a .COM file to patch I would rather 
get MEX which has still more enhancements than MDM740. 

The bottom line is NEVER make your programs "public domain." Always
copyright them and if you want them to freely prosper you can 
add a non profit copy clause in the release and allow the standard
forms of distribution (RCP/Ms, Simtel-20, etc) Then if XYZ Corp
begins to sell you're utility with their new system and don't 
pay you royalties you can sue them. If it is public domain then
anyone can sell a copy of it without so much as mentioning the author.
(how many royalties does the Beethoven estate get for sales of
 copies of his scores ? , or Lauren for his programs that are P.D.)
Anyway the copyright expires after a time anyway and it becomes
P.D. By default. 
-- 
   -- Chuck McManis          Disclaimer : All opinions expressed herein are my
                                          own and not those of my employer, my
ARPAnet : "hplabs!intelca!cem"@Berkeley   friends, or my avacado plant.

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