<blockquote style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;" class="gmail_quote">the goal is still to increase the content or 'works" available to
everyone.<br></blockquote><br>I fully support the spirit behind this statement. Too bad it doesn't always seem to work out this way, though. :(<br><br><blockquote style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;" class="gmail_quote">
In other words content or "works" must be considered freely available to
all unless there is evidence to the contrary.<br></blockquote><br>IANAL, etc...<br><br>My impression has always been that the way copyright works (at least as it works in the U.S.) in broad terms is that all rights are reserved unless a use is explicitly allowed or given up by the owner of the copyright. Copyright is automatic... if you create something (i.e. it is not just an idea, but left your head in some form), it is protected by copyright law. So copyright should be assumed, and you must have evidence that something was placed in the public domain or somehow licensed via a notecard, acceptance of a repository's submission EULA, or something. Even full perms aren't a release from copyright. Permissions are just that... permission for some use cases. They don't relinquish all rights protected by law, including where and how they may be distributed.<br>
<br><blockquote style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;" class="gmail_quote">However since you raise the issue, the US Supreme Court has defined
patent laws as applying to "anything under the sun which is made by
man". Electronic content certainly falls into this category.<br></blockquote><blockquote style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;" class="gmail_quote">...<clip>...<br>
</blockquote><blockquote style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;" class="gmail_quote">This has always been the presumption in any form of ownership dispute.
It is up to the person who claims ownership to assert those rights
before they can even be considered. There really is no such thing as the
"IP police" unless outright counterfeiting and fraud is going on.<br></blockquote><br>Patent, Copyright, and Trademark law all share similarities and would probably make for a fascinating Venn diagram. There are definite differences though. For example, a patent or trademark must be explicitly filed for, while as I mentioned previously, copyright just happens. Since it is a civil and not a criminal matter, it is up to a copyright owner to pursue violation of his rights. If they've filed a copyright then they've got a great case, and in the case of automatic copyright they'll have to prove authorship. But unlike a trademark, failing to assert rights can not cause one to lose copyright.<br>
<br>And honestly, that's where we come to the heart of the matter. Putting my very amateur (and yes, quite possibly mistaken) legal theory aside, right or wrong, with or without merit, OSgrid and/or OpenSimulator can be slapped with a civil suit by some ambulance chasing dingus with legal expertise on par with my own. Safe harbor exemptions or not, lawyers will rattle sabers with each other. I'm not saying we should be cowering in constant fear, but any reasonable policies by OSgrid or OpenSimulator that will weaken a false accusation is a good thing. Lawyers cost money neither group has, and the quicker they can dismiss it the better. Otherwise it will drag the developers, grid admins, their supporters and users into a time wasting black hole of hell better spent coding, testing, and improving the platform. That's my worry, anyway, and I find it no wonder that Adam errs on the side of caution. I don't blame him one bit.<br>
<br>Marcus Llewellyn<br><br><br>