I think it may be a very good idea. In fact, some states are developing free
software...especially state-run universities. It's fairly well-known that
the contributions of the Univeristy of Illinois and UC-Berkeley are
significant in regards to Internet software.
States, of course, will not give away all (or even most) of their
intellectual property, but I think some have made significant contributions
as a result of the software development projects at universities, which
often are sponsored by Federal grants.
Rod
> -----Original Message-----
> From: Brice, Richard [mailto:[EMAIL PROTECTED]]
> Sent: Tuesday, August 08, 2000 10:23 AM
> To: 'Rod Dixon, J.D., LL.M.'; John Cowan
> Cc: [EMAIL PROTECTED]; License Discuss
> Subject: RE: Public Domain and liability
>
>
> It is my understanding that State government is not bound by the same
> "public domain" requirements as the Federal government in 17 USC 105. That
> is, because States are not explicitly included in the exclusions
> of who can
> hold copyrights, States have the right to copyright their works.
>
> Given that, what are your thoughts on States using an open source
> license on
> software they develop?
>
> -----Original Message-----
> From: Rod Dixon, J.D., LL.M. [SMTP:[EMAIL PROTECTED]]
> Sent: Monday, August 07, 2000 8:27 PM
> To: John Cowan
> Cc: [EMAIL PROTECTED]; License Discuss
> Subject: RE: Public Domain and liability
>
> Good point, John. I was thinking more in terms of works being
> "released to
> the public domain" by expiration of copyright or some other
> operation of
> law. You are exactly correct. The federal government cannot claim
> copyright
> to its own works so those works are public domain works at their
> inception
> under copyright law (one caution: a patent may be obtained).
>
> As a practical matter and aside from military or national security
> uses, the
> Federal government acts as a market player (rather than a software
> developer) so the vast majority of software programs used by or
> created for
> the Federal government are works licensed to the government from
> private
> sector sources and university research. Of course, these works
> usually do
> not by operation of law immediately become public domain works.
>
> Rod
>
> > -----Original Message-----
> > From: John Cowan [mailto:[EMAIL PROTECTED]]
> > Sent: Monday, August 07, 2000 7:58 PM
> > To: Rod Dixon, J.D., LL.M.
> > Cc: [EMAIL PROTECTED]; License Discuss
> > Subject: RE: Public Domain and liability
> >
> >
> > On Mon, 7 Aug 2000, Rod Dixon, J.D., LL.M. wrote:
> >
> > > Strictly speaking, this discussion is theoretical since I know
> > of no public
> > > domain works that are software programs. (This is not to say
> > that there is
> > > not any source code in the public domain).
> >
> > Software programs written by U.S. government employees
> > within the scope of their employment are surely in the public
> domain.
> > For example, see the software programs linked to
> > http://mapping.usgs.gov/www/products/software.html .
> > As a specific example,
> > http://geochange.er.usgs.gov/pub/tools/misc/reform.c
> > is the source code for a public-domain program (though not
> explicitly
> > dedicated to the public domain within the code itself).
> >
> > --
> > John Cowan [EMAIL PROTECTED]
> > C'est la` pourtant que se livre le sens du dire, de ce que, s'y
> conjuguant
> > le nyania qui bruit des sexes en compagnie, il supplee a ce
> qu'entre eux,
> > de rapport nyait pas. -- Jacques Lacan, "L'Etourdit"
> >
> >
> >
>
