Demon & DeCSS

Dave Bird ukcrypto at maillist.ox.ac.uk
Fri, 22 Sep 2000 19:22:25 +0100


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In article <000501c0248e$6d65fbd0$e99b7ed4@compaq>, David Swarbrick
<david@swarb.freeuk.com> writes
>> "Public domain" is not that tricky a concept. The owner or originator
>>  of material has only to say "I renounce all ownership rights in this
>>  work and invite anyone to use it", then henceforth it cannot be his
>>  or anyone else's copyright.  The same applies if the author has been
>>  dead for a long time, nobody owns the copyright on his work.
>
>I would disagree. 
                  OK, you're the solicitor.

>Public domain in UK law is properly used with respect to
>the extent of knowledge of an item - 'Is it in the public domain' means 'Is
>it a secret'

 In American usage, in the 'public knowledge' (the public know about it)
 is not the same as in the 'public domain' (nobody owns it). 
>
>The nearest to what you say is when material comes out of copyright, at
>which point it is 'non-owned' I know of no mechanism for renouncing
>ownership in th eway you decribe. I can grant an irrevocable licence to
>others to use a work, and I might find it difficult or impossible to go back
>on the licence (achieving a similar result, perhaps), but unless I am paid
>for it, it will be revocable.

 The flippant thought arises, how can everybody pay you for the rights
 so that nobody is the owner?  I suppose I could hold a collection
 and say "I am satisfied with the 20 anonymous donations of £1 
 received, given with the intention it be usable by all the public."
>
>There is in effect no concept in UK law of ownerless property. Property is
>that which has an owner. Whena work comes out of copyright under law, it
>ceases to be property.

 So if I say everyone may use and dispose of it as they choose, 
 it does not cease..........?

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