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Date   : Sat, 14 May 1983 19:35:12 EDT (Sat)
From   : Rick Conn <rconn@brl.arpa>
Subject: ZCPR2 in the PD

        I had responded to Jay indirectly thru  Paul  Grupp  ear-
lier, so the rest of INFO-CPM did not see the reply.  Things have
changed since the reply, and I would like to answer the  question
for anyone else who is interested as well.

        ZCPR2 was NOT originally in the PD.  While I wanted it to
be  available  to everyone who wanted it, I also wanted to retain
some rights to it under the copyright laws.  I  read  a  document
(put  out  on the net earlier) on the subject, and concluded that
both goals would be met if ZCPR2 was released to  SIG/M  specifi-
cally.   Being  a  user  group that charged no membership fee and
that distributed its  software  to  anyone  who  wanted  it,  the
release  to  SIG/M  effectively,  but not formally, constituted a
release to the PD.  SIG/M however is NOT the PD, per se,  so,  in
theory  (my theory, that is), the copyright protection was in ef-
fect.  While I view SIG/M as being equated to the  PD,  SIG/M  is
the  Special  Interest  Group in Microcomputers of the ACG-NJ and
NOT the PD.  Note that on the SIG/M release form,  SIG/M's  right
to ZCPR2 is documented.

        I feel that this did provide the copyright  protection  I
desired,  but  I  never  had any intent to pursue enforcement.  I
just wanted to see if this would slow down or  stop  anyone  from
enterprising  on  ZCPR2,  and it didn't seem to make much differ-
ence.  That's OK, tho, because I don't feel I was being  hurt  by
it,  and  the only ones who may be are those who buy it and later
find out that they could have had it for free.   The  old  CAVEAT
EMPTOR philosophy.

        June's Microsystems contains an article on ZCPR2 which  I
wrote,  and,  along with helping to educate the user community on
the existance of ZCPR2, it announces ZCPR2 as being in the Public
Domain  (as opposed to SIG/M).  I believe that this public state-
ment constitutes a formal release to the public domain,  and  the
full intent of the original release of ZCPR2 is realized.  Anyone
who was held back by the copyright notice  in  the  ZCPR2  source
codes  (IF  anyone  was) can now proceed and quote the article if
they need support.

        I think you can  see  what  the  experiment  showed  (NOT
proved).   I  still encourage the use of ZCPR2, and I now view it
as being formally released to the PD with any lack of  protection
that  may  accompany  such  release.  The bottom line, I feel, is
that the interests of the public are served, and was the original
intent  with the release to SIG/M.  The difference is that no one
should find them restricted wrt ZCPR2 use in any way.

                Rick
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