IPG and "Free Samples"
At 7:42 PM 3/20/96, Michael Froomkin wrote:
correct me if I'm wrong, but don't the federal direct mail marketing laws say that any unsolicited merchandise sent to a person becomes their property, regardless of any disclaimers to the contrary included in the package?
The _physical_ item, e.g., a box of soap or a free copy of "Newsweek," but presumably not the _intellectual property_, e.g, the contents of "Newsweek." (Just because I get free samples of magazines does not mean I now can do with the contents whatever I wish, such as post them on the Net; copyright law is presumably involved.) This may be more analogous to what IDG has done. Disclaimers: IANAL, I am not defending IDG or their "broken in less than one day" tub of snake oil, nor am I defending copyright and direct mail marketing laws. And I might be wrong about the intellectual property issue, though I doubt it. Copyright laws are such that rights are not waived even if free samples are given out, and so forth. IDG can hardly claim their algorithm has trade secret status when they've distributed it to many people. Which leaves them with only trying to enforce copyright protections, a la the Church of Scientology. Maybe IDG will now seek to collect the only bucks they'll ever get by suing various Cypherpunks who are distributing their so-called system? Helena Kobrin can become their lawyer. --Tim May Boycott "Big Brother Inside" software! We got computers, we're tapping phone lines, we know that that ain't allowed. ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay@got.net 408-728-0152 | anonymous networks, digital pseudonyms, zero W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets, Higher Power: 2^756839 - 1 | black markets, collapse of governments. "National borders aren't even speed bumps on the information superhighway."
On Wed, 20 Mar 1996, Timothy C. May wrote:
At 7:42 PM 3/20/96, Michael Froomkin wrote:
correct me if I'm wrong, but don't the federal direct mail marketing laws say that any unsolicited merchandise sent to a person becomes their property, regardless of any disclaimers to the contrary included in the package?
The _physical_ item, e.g., a box of soap or a free copy of "Newsweek," but presumably not the _intellectual property_, e.g, the contents of "Newsweek."
(Just because I get free samples of magazines does not mean I now can do with the contents whatever I wish, such as post them on the Net; copyright law is presumably involved.)
However, there is a case to be made that a basic difference between a magazine, in this example, and source code exists. The magazine itself is the instrumentality. When it's mailed to you, you can give it to whomever you like. The pages and paper are your property, along with the ink. In the case of the code, it is itself the instrumentality. Handing it out for free (unsolicited and without a binding NDA) might render the item itself (the code) public domain. (Or more accurately, the act of so distributing it renders it defacto in the public domain). Especially in the context in which this code was released. I'm not sure it's a compelling argument in and of itself, but in the context of the manner of distribution, and the major goof on the part of IDG in releasing the material generally, I would suspect no one has much to worry about. Asking for a public review of material, and then enforcing "copyrights" when that review releases some of, perhaps even all of the material is rather silly. I'd be surprised if a court paid much attention. Disclaimer: this is an academic, and not a legal opinion. [Mr. May's disclaimer deleted]
--Tim May
Boycott "Big Brother Inside" software! We got computers, we're tapping phone lines, we know that that ain't allowed. ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay@got.net 408-728-0152 | anonymous networks, digital pseudonyms, zero W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets, Higher Power: 2^756839 - 1 | black markets, collapse of governments. "National borders aren't even speed bumps on the information superhighway."
--- My prefered and soon to be permanent e-mail address: unicorn@schloss.li "In fact, had Bancroft not existed, potestas scientiae in usu est Franklin might have had to invent him." in nihilum nil posse reverti 00B9289C28DC0E55 E16D5378B81E1C96 - Finger for Current Key Information
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