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Thread: When will Windows XP finally become abandonware?

  1. #31
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    There are legal ways round this of course - but you need to be a commercial company with money to employ a decent law firm... We have had recourse to do this in the company I work for.

    Dave

  2. #32
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    Quote Originally Posted by Agent Orange View Post
    If the software carries a copywrite, whether it's "abandoned" or not, then it fully protected:

    How Long Does Copyright Protection Last?

    The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code).More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.


    Do I have to renew my copyright?
    No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, see Circular 15, Renewal of Copyright, and Circular 15a, Duration of Copyright.

    That might be true in the USA, but in the UK if a Copyright holder can not be traced then its possible to get a licence to use the software. Its called an "Orphaned Work" but it seems to fail more often that it succeeds.

    https://www.gov.uk/guidance/copyright-orphan-works

    https://www.copyrightuser.org/unders.../orphan-works/

    so actually we should add this to the terms we use. from the second web site:-


    1. When will a work qualify as an orphan work?
    A work will qualify as an orphan work after a ‘diligent search’ has been carried out and it is established that the owner of the copyright cannot be identified, or if identified cannot be located. This means that before any work can qualify as an orphan work you must carry out a thorough search for the copyright owner to be verified by the Intellectual Property Office (the IPO), which has been appointed as the independent licensing body for orphan works within the UK. The nature of ‘diligent search’ has not been expressly defined, but guidance produced by the IPO requires a search for the unknown copyright owner through relevant databases which list copyright owners, national libraries’ indices, advertising in newspapers and the Internet, and so on. This is also consistent with orphan works schemes which operate in other countries.


    2. Licensing of orphan works
    The licensing of orphan works will be carried out by the IPO.

    When the criteria for a diligent search have been satisfied, the IPO will issue a non-exclusive licence authorising the use of the orphan work(s), but only within the UK. The licence will take effect as if granted by the missing owner, and last for a period of up to 7 years. The IPO will only grant non-exclusive licences in order to avoid a monopoly on any particular use of an orphan work by any one individual or organisation. It will also be a requirement of the licence to acknowledge the missing copyright owner.
    Dave
    G4UGM

    Looking for Analog Computers, Drum Plotters, and Graphics Terminals

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