Rework public domain section,
including cross referencing to new sections to be written, and handling the FIXME.
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gpl-lgpl.tex
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gpl-lgpl.tex
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@ -349,23 +349,19 @@ Software. In an imaginary world with no copyright, the rules would be
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different. In this world, when you received a copy of a program's source
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different. In this world, when you received a copy of a program's source
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code, there would be no default legal system to restrict you from sharing it
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code, there would be no default legal system to restrict you from sharing it
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with others, making modifications, or redistributing those modified
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with others, making modifications, or redistributing those modified
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versions.\footnote{There could still exist legal systems, like our modern
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versions.\footnote{Note that this is again an oversimplification; the
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patent system, which could restrict the software in other ways, as well as
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complexities with this argument are discussed in
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technical measures, such as binary-only distribution, that impeded such activity.}
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Section~\ref{software-and-non-copyright}.}
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Software in the real world is copyrighted by default and is
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Software in the real world is copyrighted by default and is automatically
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automatically covered by that legal system. However, it is possible
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covered by that legal system. However, it is possible to move software out
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to move software out of the domain of the copyright system. A
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of the domain of the copyright system. A copyright holder can often
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copyright holder can often \defn{disclaim} their
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\defn{disclaim} their copyright. If copyright is disclaimed, the software is
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copyright. If copyright is disclaimed, the software is not governed
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not governed by copyright law. Software not governed by copyright is in the
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by copyright law. Software not governed by copyright is in the
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``public domain.''
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``public domain.''
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\subsection{Public Domain Software}
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\subsection{Public Domain Software}
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% FIXME: this section needs more improvements to make it clear that public
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% domain dedication is difficult, if not impossible.
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% Karen suggests that talking about USA government software being public
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% domain might make sense here.
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Theoretically, an author can create public domain software by disclaiming all
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Theoretically, an author can create public domain software by disclaiming all
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copyright interest on the work. In the USA and other countries that have
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copyright interest on the work. In the USA and other countries that have
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signed the Berne convention on copyright, software is copyrighted
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signed the Berne convention on copyright, software is copyrighted
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@ -392,6 +388,23 @@ is absent copyright and absent a license. The software freedoms discussed in
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Section~\ref{Free Software Definition} are all granted because there is no
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Section~\ref{Free Software Definition} are all granted because there is no
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legal system in play to take them away.
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legal system in play to take them away.
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Admittedly, a discussion of public domain software is an oversimplified
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example. First, disclaimer of copyright is actually difficult in practice.
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Because copyright controls are usually automatically granted and because, in
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some jurisdictions, some copyright controls cannot be waived (See
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Section~\ref{non-usa-copyright} for further discussion), many copyright
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holders sometimes incorrectly believe a work has been placed in the public
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domain. Second, due to aggressive lobbying by the entertainment industry,
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the ``exclusive Right'' of copyright, that was supposed to only exist for
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``Limited Times'' according to the USA Constitution, appears to be infinite:
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simply purchased on the installment plan rather than in whole. Thus, we must
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assume no works of software will fall into the public domain merely due to
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the passage of time.
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The best example of software known to be in the public domain is software
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that is published exclusively produced by the USA government. Under
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\href{http://www.law.cornell.edu/uscode/text/17/105}{17 USC 101 \S 105}, all
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works published by the USA Government are not copyrightable.
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\subsection{Why Copyright Free Software?}
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\subsection{Why Copyright Free Software?}
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