Yeah I believe that would fall under the "abandonware" category = e.g.
no-one cares anymore or is making any substantial income off it.

I'm not an IP lawyer or knowledgeable on this topic, so I'm not sure
if there is a legal precedence for this, but it is used on thousands
of videogames, especially, and other media.

http://www.google.co.nz/search?hl=en&q=abandonware&btnG=Google+Search&meta=&aq=f&oq=

Imho in some cases people tread too carefully around copyright. Trashy
web example: failblog.org recently did a post on 'record breaking
fail' using the Guiness Book of World Records logo. GBWR sent a cease
and desist style email, Failblog pixelated over the logo and removed a
word, problem solved.

Cheers,
Luke





On Wed, Jul 15, 2009 at 6:56 AM, Melanie
Swalwell<[email protected]> wrote:
> Hi Sondra,
>
> how're things?
>
> My NZTronix team's attempts to preserve early NZ computer games might make a 
> nice example/case study.  I have a paper on this in the August 2009 issue of 
> Convergence (a special issue on digital preservation and cultural memory) 
> which details some of the difficulties we had with copyright.  There's a 
> draft online at http://melanieswalwell.backpackit.com/pub/1661043
>
> Probably most interesting were the cases where our inability to positively 
> determine who owned historic copyrights (eg. when companies got wound up in 
> the 80s) meant that such titles didn't get preserved.  Basically, the paper 
> trail goes cold early on.  Even with the permission of the authors of such 
> software titles (who may or may not still own copyright, and often aren't 
> sure themselves), my collaborator Susan Corbett (IP lawyer at VUW) who 
> attempted tracing the owners felt that this was not adequate.  Early software 
> titles such as those we worked with are effectively in a legal no man's 
> land...  There need to be some provisions so that if you've tried locating 
> the owner and failed, you can still undertake preservation work.
>
> Susan's 2007 submission to the Select Committee is at 
> http://www.nztronix.org.nz/Corbett_Digital_copyright_submission.pdf
>
> Melanie
>
> UTS CRICOS Provider Code:  00099F
> DISCLAIMER: This email message and any accompanying attachments may contain 
> confidential information.  If you are not the intended recipient, do not
> read, use, disseminate, distribute or copy this message or attachments.  If
> you have received this message in error, please notify the sender immediately
> and delete this message. Any views expressed in this message are those of the 
> individual sender, except where the sender expressly, and with authority,
> states them to be the views of the University of Technology Sydney. Before
> opening any attachments, please check them for viruses and defects.
>
> Think. Green. Do.
>
> Please consider the environment before printing this email.
> _______________________________________________
> Ada_list mailing list
> [email protected]
> http://aotearoadigitalarts.org.nz/
>
_______________________________________________
Ada_list mailing list
[email protected]
http://aotearoadigitalarts.org.nz/

Reply via email to