public domain - Revision history

Anarchangel: cats

2012-05-30T01:58:47Z

cats

Beta M: Reverted edits by 147.8.104.142 (Talk); changed back to last version by Rev 22

2007-11-10T08:07:35Z

Reverted edits by 147.8.104.142 (Talk); changed back to last version by Rev 22

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147.8.104.142 at 21:12, 9 November 2007

2007-11-09T21:12:05Z

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Rev 22: Reverted edits by 205.174.199.4 (Talk); changed back to last version by Rev 22

2007-10-29T04:18:13Z

Reverted edits by 205.174.199.4 (Talk); changed back to last version by Rev 22

205.174.199.4 at 23:37, 28 October 2007

2007-10-28T23:37:45Z

Rev 22: Reverted edits by 140.128.20.205 (Talk); changed back to last version by Rev 22

2007-10-27T05:52:17Z

Reverted edits by 140.128.20.205 (Talk); changed back to last version by Rev 22

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140.128.20.205 at 17:54, 26 October 2007

2007-10-26T17:54:55Z

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Rev 22: Reverted edits by 213.61.157.93 (Talk); changed back to last version by Rev 22

2007-10-11T16:55:31Z

Reverted edits by 213.61.157.93 (Talk); changed back to last version by Rev 22

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213.61.157.93 at 15:38, 11 October 2007

2007-10-11T15:38:55Z

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Rev 22 at 20:49, 8 October 2007

2007-10-08T20:49:50Z

@@ Line 262: / Line 262: @@
 {{wikipedia}}
-[[Category:Intellectual property]]
+[[Category:Intellectual property]][[Category:Copyright law]][[Category:Intellectual property law]][[Category:Public domain]]
 [[ru:ÐžÐ±Ñ‰ÐµÑÑ‚Ð²ÐµÐ½Ð½Ð¾Ðµ Ð´Ð¾ÑÑ‚Ð¾ÑÐ½Ð¸Ðµ]]

@@ Line 1: / Line 1: @@
 [[Image:PD-icon.png|thumb|100px|An icon used to represent public domain material]]
 The '''public domain''' comprises the body of [[knowledge]] and [[innovation]] (especially creative works such as [[writing]], [[art]], [[music]], and [[invention]]s) in relation to which no person or other legal entity can establish or maintain [[proprietary]] interests.
@@ Line 54: / Line 53: @@
 Laws may make some types of works and inventions ineligible for monopoly; such works immediately enter the public domain upon publication. Many kinds of mental creations, such as publicized [[baseball statistics]], are never protected.
-For example, [[U.S. copyright law]], [http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000105----000-.html 17 U.S.C. Ã‚Â§ 105], releases all [[Work of the United States Government|works created by the U.S. government]] into the public domain, patent applications as part of the terms of granting the patent to the invention are public domain, patent law excludes inventions that obviously follow from [[prior art]], and agreements that Germany signed at the end of [[World War I]] released such trademarks as "[[aspirin]]" and "[[heroin]]" into the public domain in many areas.
+For example, [[U.S. copyright law]], [http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000105----000-.html 17 U.S.C. Â§ 105], releases all [[Work of the United States Government|works created by the U.S. government]] into the public domain, patent applications as part of the terms of granting the patent to the invention are public domain, patent law excludes inventions that obviously follow from [[prior art]], and agreements that Germany signed at the end of [[World War I]] released such trademarks as "[[aspirin]]" and "[[heroin]]" into the public domain in many areas.
 [[Charles Darwin]] developed the [[theory of evolution]]. This is an abstract idea and therefore has never been patentable. Darwin constructed his theory but he did not disclose it for over a decade (see [[Development of Darwin's theory]]). He could have kept his manuscript in his desk drawer forever. Once he published the idea, the idea itself entered public domain.  However, the carrier of his ideas, in the form of a book titled ''[[The Origin of Species]]'', was protected by copyright.
@@ Line 89: / Line 88: @@
 One purpose of this legislation appears to be to allow "public domain shareware" to be filed at the Library of Congress, presumably so that the shareware would be more widely disseminated. Therefore, one way to release computer software into the public domain might be to make the filing and pay the [[http://www.bitlaw.com/source/17usc/708.html $20]] fee. This could have the effect of "certifying" that the author intended to release the software into the public domain. It does not seem that registration is necessary to release the software into the public domain, because the law does not state that public domain status is conferred by registration. Judge-made law supports this conclusion, see below.
-By comparing paragraph (a) and (c), one can see that Congress distinguishes "public domain" shareware as a special kind of shareware. Because this law was passed after the Berne Convention Implementation Act of 1988, Congress was well aware that newly created computer programs (two years worth, since the Berne Act was passed) would automatically have copyright attached. Therefore, one reasonable inference is that Congress intended that authors of shareware would have the power to release their programs into the public domain. This interpretation is followed by the Copyright Office in [[http://www.bitlaw.com/source/37cfr/201_26.html | 37 C.F.R. Ã‚Â§ 201.26]].
+By comparing paragraph (a) and (c), one can see that Congress distinguishes "public domain" shareware as a special kind of shareware. Because this law was passed after the Berne Convention Implementation Act of 1988, Congress was well aware that newly created computer programs (two years worth, since the Berne Act was passed) would automatically have copyright attached. Therefore, one reasonable inference is that Congress intended that authors of shareware would have the power to release their programs into the public domain. This interpretation is followed by the Copyright Office in [[http://www.bitlaw.com/source/37cfr/201_26.html | 37 C.F.R. Â§ 201.26]].
 =====Berne Convention Implementation Act=====
@@ Line 112: / Line 111: @@
 <blockquote>
-''Closely related to the non-protectability of scenes a faire, is material found in the public domain. Such material is free for the taking and cannot be appropriated by a single author even though it is included in a copyrighted work. ... We see no reason to make an exception to this rule for elements of a computer program that have entered the public domain by virtue of freely accessible program exchanges and the like. See 3 Nimmer Section 13.03 [F] ; see also Brown Bag Software, slip op. at 3732 (affirming the district courtÃ¢Â€Â™s finding that Ã¢Â€ÂœÃ¢Â€Â˜[p]laintiffs may not claim copyright protection of an . . . expression that is, if not standard, then commonplace in the computer software industry.Ã¢Â€Â™Ã¢Â€Âœ). Thus, a court must also filter out this material from the allegedly infringed program before it makes the final inquiry in its substantial similarity analysis.''
+''Closely related to the non-protectability of scenes a faire, is material found in the public domain. Such material is free for the taking and cannot be appropriated by a single author even though it is included in a copyrighted work. ... We see no reason to make an exception to this rule for elements of a computer program that have entered the public domain by virtue of freely accessible program exchanges and the like. See 3 Nimmer Section 13.03 [F] ; see also Brown Bag Software, slip op. at 3732 (affirming the district courtâ€™s finding that â€œâ€˜[p]laintiffs may not claim copyright protection of an . . . expression that is, if not standard, then commonplace in the computer software industry.â€™â€œ). Thus, a court must also filter out this material from the allegedly infringed program before it makes the final inquiry in its substantial similarity analysis.''
 </blockquote>
@@ Line 153: / Line 152: @@
 <blockquote>
-''(e) Priority Between Conflicting Transfer of Ownership and Nonexclusive License.Ã¢Â€Â” A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such ownerÃ¢Â€Â™s duly authorized agent, and ifÃ¢Â€Â”''
+''(e) Priority Between Conflicting Transfer of Ownership and Nonexclusive License.â€” A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such ownerâ€™s duly authorized agent, and ifâ€”''
 ''(1) the license was taken before execution of the transfer; or''
 ''(2) the license was taken in good faith before recordation of the transfer and without notice of it.''
@@ Line 264: / Line 263: @@
 [[Category:Intellectual property]]
-[[ru:ÃÂžÃÂ±Ã‘Â‰ÃÂµÃ‘ÂÃ‘Â‚ÃÂ²ÃÂµÃÂ½ÃÂ½ÃÂ¾ÃÂµ ÃÂ´ÃÂ¾Ã‘ÂÃ‘Â‚ÃÂ¾Ã‘ÂÃÂ½ÃÂ¸ÃÂµ]]
+[[ru:ÐžÐ±Ñ‰ÐµÑÑ‚Ð²ÐµÐ½Ð½Ð¾Ðµ Ð´Ð¾ÑÑ‚Ð¾ÑÐ½Ð¸Ðµ]]

@@ Line 1: / Line 1: @@
 [[Image:PD-icon.png|thumb|100px|An icon used to represent public domain material]]
 The '''public domain''' comprises the body of [[knowledge]] and [[innovation]] (especially creative works such as [[writing]], [[art]], [[music]], and [[invention]]s) in relation to which no person or other legal entity can establish or maintain [[proprietary]] interests.
@@ Line 53: / Line 54: @@
 Laws may make some types of works and inventions ineligible for monopoly; such works immediately enter the public domain upon publication. Many kinds of mental creations, such as publicized [[baseball statistics]], are never protected.
-For example, [[U.S. copyright law]], [http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000105----000-.html 17 U.S.C. Â§ 105], releases all [[Work of the United States Government|works created by the U.S. government]] into the public domain, patent applications as part of the terms of granting the patent to the invention are public domain, patent law excludes inventions that obviously follow from [[prior art]], and agreements that Germany signed at the end of [[World War I]] released such trademarks as "[[aspirin]]" and "[[heroin]]" into the public domain in many areas.
+For example, [[U.S. copyright law]], [http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000105----000-.html 17 U.S.C. Ã‚Â§ 105], releases all [[Work of the United States Government|works created by the U.S. government]] into the public domain, patent applications as part of the terms of granting the patent to the invention are public domain, patent law excludes inventions that obviously follow from [[prior art]], and agreements that Germany signed at the end of [[World War I]] released such trademarks as "[[aspirin]]" and "[[heroin]]" into the public domain in many areas.
 [[Charles Darwin]] developed the [[theory of evolution]]. This is an abstract idea and therefore has never been patentable. Darwin constructed his theory but he did not disclose it for over a decade (see [[Development of Darwin's theory]]). He could have kept his manuscript in his desk drawer forever. Once he published the idea, the idea itself entered public domain.  However, the carrier of his ideas, in the form of a book titled ''[[The Origin of Species]]'', was protected by copyright.
@@ Line 88: / Line 89: @@
 One purpose of this legislation appears to be to allow "public domain shareware" to be filed at the Library of Congress, presumably so that the shareware would be more widely disseminated. Therefore, one way to release computer software into the public domain might be to make the filing and pay the [[http://www.bitlaw.com/source/17usc/708.html $20]] fee. This could have the effect of "certifying" that the author intended to release the software into the public domain. It does not seem that registration is necessary to release the software into the public domain, because the law does not state that public domain status is conferred by registration. Judge-made law supports this conclusion, see below.
-By comparing paragraph (a) and (c), one can see that Congress distinguishes "public domain" shareware as a special kind of shareware. Because this law was passed after the Berne Convention Implementation Act of 1988, Congress was well aware that newly created computer programs (two years worth, since the Berne Act was passed) would automatically have copyright attached. Therefore, one reasonable inference is that Congress intended that authors of shareware would have the power to release their programs into the public domain. This interpretation is followed by the Copyright Office in [[http://www.bitlaw.com/source/37cfr/201_26.html | 37 C.F.R. Â§ 201.26]].
+By comparing paragraph (a) and (c), one can see that Congress distinguishes "public domain" shareware as a special kind of shareware. Because this law was passed after the Berne Convention Implementation Act of 1988, Congress was well aware that newly created computer programs (two years worth, since the Berne Act was passed) would automatically have copyright attached. Therefore, one reasonable inference is that Congress intended that authors of shareware would have the power to release their programs into the public domain. This interpretation is followed by the Copyright Office in [[http://www.bitlaw.com/source/37cfr/201_26.html | 37 C.F.R. Ã‚Â§ 201.26]].
 =====Berne Convention Implementation Act=====
@@ Line 111: / Line 112: @@
 <blockquote>
-''Closely related to the non-protectability of scenes a faire, is material found in the public domain. Such material is free for the taking and cannot be appropriated by a single author even though it is included in a copyrighted work. ... We see no reason to make an exception to this rule for elements of a computer program that have entered the public domain by virtue of freely accessible program exchanges and the like. See 3 Nimmer Section 13.03 [F] ; see also Brown Bag Software, slip op. at 3732 (affirming the district courtâ€™s finding that â€œâ€˜[p]laintiffs may not claim copyright protection of an . . . expression that is, if not standard, then commonplace in the computer software industry.â€™â€œ). Thus, a court must also filter out this material from the allegedly infringed program before it makes the final inquiry in its substantial similarity analysis.''
+''Closely related to the non-protectability of scenes a faire, is material found in the public domain. Such material is free for the taking and cannot be appropriated by a single author even though it is included in a copyrighted work. ... We see no reason to make an exception to this rule for elements of a computer program that have entered the public domain by virtue of freely accessible program exchanges and the like. See 3 Nimmer Section 13.03 [F] ; see also Brown Bag Software, slip op. at 3732 (affirming the district courtÃ¢Â€Â™s finding that Ã¢Â€ÂœÃ¢Â€Â˜[p]laintiffs may not claim copyright protection of an . . . expression that is, if not standard, then commonplace in the computer software industry.Ã¢Â€Â™Ã¢Â€Âœ). Thus, a court must also filter out this material from the allegedly infringed program before it makes the final inquiry in its substantial similarity analysis.''
 </blockquote>
@@ Line 152: / Line 153: @@
 <blockquote>
-''(e) Priority Between Conflicting Transfer of Ownership and Nonexclusive License.â€” A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such ownerâ€™s duly authorized agent, and ifâ€”''
+''(e) Priority Between Conflicting Transfer of Ownership and Nonexclusive License.Ã¢Â€Â” A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such ownerÃ¢Â€Â™s duly authorized agent, and ifÃ¢Â€Â”''
 ''(1) the license was taken before execution of the transfer; or''
 ''(2) the license was taken in good faith before recordation of the transfer and without notice of it.''
@@ Line 263: / Line 264: @@
 [[Category:Intellectual property]]
-[[ru:ÐžÐ±Ñ‰ÐµÑÑ‚Ð²ÐµÐ½Ð½Ð¾Ðµ Ð´Ð¾ÑÑ‚Ð¾ÑÐ½Ð¸Ðµ]]
+[[ru:ÃÂžÃÂ±Ã‘Â‰ÃÂµÃ‘ÂÃ‘Â‚ÃÂ²ÃÂµÃÂ½ÃÂ½ÃÂ¾ÃÂµ ÃÂ´ÃÂ¾Ã‘ÂÃ‘Â‚ÃÂ¾Ã‘ÂÃÂ½ÃÂ¸ÃÂµ]]

@@ Line 260: / Line 260: @@
 *[http://www.publicknowledge.org Public Knowledge]
 [[Category:Intellectual property]]
 [[ru:ÐžÐ±Ñ‰ÐµÑÑ‚Ð²ÐµÐ½Ð½Ð¾Ðµ Ð´Ð¾ÑÑ‚Ð¾ÑÐ½Ð¸Ðµ]]