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

[Bill Gunshannon]

In article <524d22b5$0$61585$c3e8da3$f017e9df at news.astraweb.com>,
	JF Mezei <jfmezei.spamnot at vaxination.ca> writes:
> 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 ?

You do your own research.  And abide by the known copyright until you
can prove otherwise.  Or risk legal action for violating it.

> 
> "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 ?

Yes.  Holding the copyright does not imply a requirement to do anything
with it like sell it, license it, etc.  It is their IP, to do with as
they see fit and they have no requirement to even acknowledge your existence.

> 
> If I show the judge that I did due diligence, 

Obviuously you didn't or you would have known they still held the
copyright.

>                                               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 ?

Of course.  HP is the owner of the IP you are the thief.  HP has no
requirement to satisfy your whims.  People (you in fact) have pointed
out that defending the IP would cost money in lawyers fees even though
HP already has a staff of lawyers on the payroll.  Same is true in this
latest red-herring.  It would cost money for whoever you happened to
send the mail to to research and resppond to your inane letter with no
possible ROI.  Why would you think they are required to do that?

> 
> 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 ?

He will award the case to HP and you will be fined heavily, possibly hit
with real damages, maybe punitive damages and possibly jail time.  Nothing
you did has any bearing on the case.  The IP in question is HP's and nothing
you have done changes that.

You like contrived examples, how about this one.  I send you a letter
saying that in 45 days I am going to come and take all your furniture
(and you bikes) unless you respond and tell me not to.  Would you?
Heck, I would never even see this inane idea as when I receive junk
mail from addresses I don't recognize I just throw it away unopened.
So, what would the judge say when you took me to court over stealing
all your stuff? 

You really need to start living in the real world.

bill

-- 
Bill Gunshannon          |  de-moc-ra-cy (di mok' ra see) n.  Three wolves
billg999 at cs.scranton.edu |  and a sheep voting on what's for dinner.
University of Scranton   |
Scranton, Pennsylvania   |         #include <std.disclaimer.h>