[Foundation-l] Stroop report

[Birgitte SB]

--- Lars Aronsson <lars at aronsson.se> wrote:

> 
> > --- Ray Saintonge <saintonge at telus.net> wrote:
> 
> > > An easy example of a true 0% chance could be a
> corporate 
> > > publication from a company that has ceased to
> exist through 
> > > bankruptcy.
> 
> Birgitte SB wrote:
> 
> > I have never heard of something "defaulting" to
> the Public 
> > Domain because of the dissolution of the copyright
> owner.  If 
> > things "defaulted" the Public Domain we would not
> have the 
> > existing situation with Orphan Works.
> 
> Many lawyers in Europe will tell you that the public
> domain 
> "doesn't exist".  I wouldn't agree with this
> fundamentalist view.  
> But whether you call it public domain or not is more
> a play with 
> words than a practical reality.  The problem with
> orphan works is 
> not the kind of situation Ray described above.  The
> problem with 
> orphan works is that you *don't know* whether there
> is a copyright 
> holder that might sue you.  In Ray's example you
> *know* that 
> nobody is around who can sue you, and so you can go
> ahead and 
> publish without any risk.  These are two different
> situations.
> 
> 


I understand what you are saying; but "no risk of
being sued for copyright infringement" is not the same
as "no copyrights exist".  And if copyrights exist it
can't be free content according to the WMF licensing
resolution.  I am not against WMF changing that the
standard.  I am only pointing out what the standard
is.

Birgitte SB


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