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Miloslav Ciz 2022-10-27 23:45:55 +02:00
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copyright.md
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@ -4,7 +4,7 @@ Copyright (better called copyrestriction) is one of many types of so called [int
When someone creates something that can even remotely be considered artistic expression (even such things as e.g. a mere collection of already existing things), they automatically gain copyright on it, without having to register it anywhere or let it be known anywhere. They then have practically full control over the work and can successfully sue anyone who basically just touches it in any way. Therefore **any code without a [free](free_software.md) license attached is implicitly fully owned by its creator** (so called "all rights reserved") and can't be used by anyone without permission. It is said that copyright can't apply to ideas, only to expressions of ideas, however that's [bullshit](bs.md), the line isn't clear and is arbitrarily drawn by judges; for example regarding stories in books it's been established that the story itself can be copyrighted, not just its expression (you can't rewrite the Harry Potter story in different words and start selling it).
This current form of copyright (as well as other types of IP such as software patents) has been highly criticized by many people, even those whom it's supposed to "protect" (e.g. small game creators). Strong copyright laws basically benefit corporations and "trolls" on the detriment of everyone else. It smothers creativity and efficiency by prohibiting people to reuse, remix and improve already existing works. Most people are probably for *some* form of copyright but still oppose the current extreme form which is pretty crazy: copyright applies to everything without any registration or notice and last usually 70 years (!!!) **after** the author has died (!!!). This is 100 years in some countries. In some countries it is not even possible to waive copyright to own creations. Some people are against the very idea of copyright (those may either use waivers such as [CC0](cc0.md) or [unlicense](unlicense.md) or protest by not using any licenses and simply ignoring copyright which however will actually discourage other people from reusing their works).
The current form of copyright (as well as other types of IP such as software patents) has been highly criticized by many people, even those whom it's supposed to "protect" (e.g. small game creators). Strong copyright laws basically benefit corporations and "trolls" on the detriment of everyone else. It smothers creativity and efficiency by prohibiting people to reuse, remix and improve already existing works. Most people are probably for *some* form of copyright but still oppose the current extreme form which is pretty crazy: copyright applies to everything without any registration or notice and last usually 70 years (!!!) **after** the author has died (!!!). This is 100 years in some countries. In some countries it is not even possible to waive copyright to own creations. Some people are against the very idea of copyright (those may either use waivers such as [CC0](cc0.md) or [unlicense](unlicense.md) or protest by not using any licenses and simply ignoring copyright which however will actually discourage other people from reusing their works).
Prominent critics include [Lawrence Lessig](lessig.md) (who established [free culture](free_culture.md) and [Creative Commons](creative_commons.md)) as a response), [Nina Paley](nina_paley.md) and [Richard Stallman](rms.md).
@ -14,7 +14,7 @@ Copyright rules differ greatly by country, most notably the US measures copyrigh
[Copyleft](copyleft.md) (also share-alike) is a concept standing against copyright, a kind of anti-copyright, invented by [Richard Stallman](rms.md) in the context of [free software](free_software.md). It's a license that grants people the rights to the author's work on the condition that they share its further modification under the same terms, which basically hacks copyright to effectively spread free works like a "virus".
Copyright does **not** apply to facts (including mathematical formulas) (even though the formulation of them may be copyrighted), ideas (though these may be covered by [patents](patent.md)) and single words or short phrases (these may however still be [trademarked](trademark.md)). As such copyright can't e.g. be applied to game mechanics of a computer [game](game.md) (it's an idea). It is also basically proven that copyright doesn't cover [computer languages](programming_language.md) (Oracle vs Google). Depending on time and location there also exist various peculiar exceptions such as the freedom of panorama for photographs or uncopyrightable utilitarian design (e.g. no one can own the shape of a generic car). But it's never good to rely on these peculiarities as they are specific to time/location, they are often highly subjective, fuzzy and debatable and may even be retroactively changed by law. This constitutes a huge legal [bloat](bloat.md) and many time legal unsafety. Do not stay in the gray area, try to stay safely far away from the fuzzy copyright line.
Copyright does **not** apply to facts (including mathematical formulas) (even though the formulation of them may be copyrighted), ideas (though these may be covered by [patents](patent.md)) and single words or short phrases (these may however still be [trademarked](trademark.md)). As such copyright can't e.g. be applied to game mechanics of a computer [game](game.md) (it's an idea). It is also basically proven that copyright doesn't cover [computer languages](programming_language.md) (Oracle vs Google). Also even though many try to claim so, copyright does NOT arise for the effort needed to create the work -- so called "sweat of the brow" -- some say that when it took a great effort to create something, the author should get a copyright on it, however this is NOT and must NOT be the case (otherwise it would be possible to copyright mere ideas, simple mathematical formulas, rules of games etc.). Depending on time and location there also exist various peculiar exceptions such as the freedom of panorama for photographs or uncopyrightable utilitarian design (e.g. no one can own the shape of a generic car). But it's never good to rely on these peculiarities as they are specific to time/location, they are often highly subjective, fuzzy and debatable and may even be retroactively changed by law. This constitutes a huge legal [bloat](bloat.md) and many time legal unsafety. Do not stay in the gray area, try to stay safely far away from the fuzzy copyright line.
A work which is not covered by copyright (and any other IP) -- which is nowadays pretty rare due to the extent and duration of copyright -- is in the **[public domain](public_domain.md)**.