Changes to Bill and How to proceed

[Donald Ramsbottom]

Resending as this has not appeared from Sunday

>Date: Sun, 15 Aug 1999 13:36:19 +0100
>To: Nicholas Bohm <nbohm@ernest.net>
>From: Donald Ramsbottom <donald@ramsbottom.co.uk>
>Subject: Re: [fwd] DTI and Export Control (from:  Pete.Chown@skygate.co.uk)
>
>
>SNIP
>>That is true only if the Wassenaar definition works by conferring freedom
>>from control on whatever is publicly known despite some defined range of
>>restrictions.  So if we replace the existing disregard of copyright
>>restrictions (it's still public domain even with copyright restrictions)
>>with a disregard of open source obligations (it's still public domain even
>>with copyright restrictions and positive obligations, including those of
>>the [defined] open source licence), then we have widened the public domain
>>exception.
>>
>>But that may not be the form of replacement contemplated.  If instead we
>>replace "public domain" with "licensed for distribution under the [defined]
>>open source terms", we may instead have very much narrowed the exception,
>>since we have excluded everything previously within the public domain
>>exception which does not happen to be licensed on the particular open
>>source terms.
>>
>>So this possible shift of the exception cannot be evaluated without the
>>precise proposal being published for consultation.
>>
>>Regards,
>>
>>Nicholas Bohm
>>
>
>
>I agree with Nicholas, what is needed is a precise definition
(internationally recognised) as to what is meant by "public domain" without
it the usage is meaningless in every jurisdiction which does not define the
same. I fear it will require a court case to decide what it actually means
(in England & Wales at least) so a definiton could easily be added to the
current EC bill or the EU commission could come up with the appropriate
definition.
>
>I would suggest (wording to be tarted up by draftsmen) something along the
lines of "all software (including ancillary technology [hard or soft]) which
is currently freely available and whether or not subject to copyright or
other civil restriction. freely available shall mean any product which may
be purchased legally within any given jurisdiction or which is so widely
available that restriction would prove futile" Not very elegant but you
should get my drift.


>
Donald Ramsbottom LL.B, BA (Hons).

RAMSBOTTOM & Co. Solicitors

Internet Law & Global Cryptology Law Specialists