Drop of portindex

Erik Trulsson ertr1013 at student.uu.se
Wed Sep 15 11:19:11 PDT 2004

On Wed, Sep 15, 2004 at 06:14:35PM +0200, Max Laier wrote:
> On Tuesday 14 September 2004 06:20, Kris Kennaway wrote:
> > On Tue, Sep 14, 2004 at 02:16:22PM +1000, Rob B wrote:
> > > I would say, from reading the pr, and the fact that there is no licence
> > > specified, that the author has released it into the public domain - as
> > > well as  relinquishing copyright.  Since the licence on this version has
> > > either been changed or not specified, anyone could possibly pick up the
> > > project.
> >
> > No, that's not how it works.  If no rights are granted to you by the
> > author, you have no rights to his property, including the right to
> > redistribute.
> I am no lawyer, but it seems to me that fair use applies and (every) former 
> user of this work is allowed to (at least) create a derivative work and 
> release it (under own copyright) to the public as the original work is "out 
> of print or otherwise unavailable".

Fair use doesn't allow you to do that.  Fair use essentially only
allows you to quote small parts of a copyrighted work for certain
purposes, and possibly to make a copy for your own personal use
(altough recent changes copyright law (like the infamous DMCA) might
even disallow that nowdays.)
You are certainly not allowed to distribute copies of a copyrighted
work without the copyright-holders permission. (And derivative works
also fall under the original authors copyright, so you can't distribute
those either.)
That the original work is "out of print or otherwise unavailable" is

<Insert your favourite quote here.>
Erik Trulsson
ertr1013 at student.uu.se

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