[sebhc] Internet Archive Gets Exemption re:Vintage Software

[Dwight K. Elvey]

>From: "Bill malcolm" <wm65805 at hotmail.com>
>
>I think (bill )
>Unless there is economic loss to someone or some company -- it is ok.
>

Hi
 It also wasn't clear about what they meant by obsolete media.
Did they mean that since the source of that media no longer
exist that fair use included any copying for any purpose since
there was no longer a product that supplied that item. In
other words, since to use that item and the source was no
longer available that to copy for use is valid.
 It seems that this goes back to the question on if there is
a tangible loss. Since the product is no longer sold, one
can not claim loss.
 In order for the owner of the copyright to maintain that
copyright, they must continue to make that information available
in a useable form. From older patent rulings, I would suspect
that they would also have to make it available at a reasonable
cost. Not just saying that you could buy games cartridge X
for your old machine a $1,000,000 each to hold the copyright
without actually selling anything ( this was done by RCA and
they got slapped for it in the early thirties ). This is all
an interesting question?
 I believe that you can not deny use by copyright, you can only
enforce collecting of revenues. In terms of many products, this
can only be done by sales. If an item is no longer available
by sales, one can no longer enforce the copyright without
denying the use of the item ( fair use ). This would void the
copyright.
JMHO
Dwight


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