[Info-vax] [Attn: HP Employees] PDP-11 OS hobbyist licensing

[Johnny Billquist]

On 2013-10-03 09:54, JF Mezei wrote:
> On 13-10-03 02:41, Phillip Helbig---undress to reply wrote:
>
>> I think you seriously misunderstand the entire concept.  If HP owns the
>> copyright, and HP decides not to respond, this does not weaken their
>> claim to copyright.
>
> If I write to HP, asking HP to confirm whether they still have the
> copyright originally held by Digital and they do not respond, what do I do ?
>
> "hello, are you the ones to whom I need to send money if I wish to have
> right to use the source code ?"  If HP doesn't reply, can then then come
> back to me with a lawsuit accusing me of copyright infringement ?
>
> If I show the judge that I did due diligence, and had leads pointing to
> HP, but HP did not respond, do you really think the judge will look that
> kindly at HP's lawsuit against me ?

*Sigh* Please stop referring to any due diligence. There is no such 
thing in copyright.
*Everything* have a copyright. And if you don't have it, then you cannot 
make copies.
Very simple.

> If you write a final request to HP, stating that due to lack of
> response, this is to be your last request and that if HP does not repond
> within X days (where X might be 45 or something like that), you will
> assume that HP will not exert any rights over the PDP 11 software and
> grant me implicit permission to use the sourse, and HP does not respond,
> how do you think a judge would side ?

That you are violating the copyright. How hard can it be for you to 
understand this concept?

If you violate the copyright, then you can get sued later. You better 
make sure you have permission before you start. If you can't get 
permission (for instance, you don't even know who have the copyright), 
then you better not make copies...

Let me quote to you from Wikipedia, since you seem unable to go there 
yourself (yhis about orphaned work, which is rather applicable in this 
discussion):

"
An orphan work is a copyrighted work for which the copyright owner 
cannot be determined, or when determined, contacted. In some cases, only 
the name of its creator or copyright owner is known, and no other 
information can be established.

...

Impact

Orphan works are not available for use by filmmakers, archivists, 
writers, musicians, and broadcasters. Because the copyright owner cannot 
be identified and located, historical and cultural records such as 
period film footage, photographs, and sound recordings cannot be 
incorporated in contemporary works.[3] Public libraries, educational 
institutions and museums, who digitise old manuscripts, books, sound 
recordings and film, may choose to not digitise orphan works, or make 
orphan works available to the public,[3] for fear that a re-appearing 
copyright owner may sue them for damages."

	Johnny