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posted by martyb on Monday July 02 2018, @12:54PM   Printer-friendly
from the life-after-death dept.

Two lawyers are still fighting to keep Buck Rogers from entering the public domain, something which should have begun 70 years after the author's death. Philip Nowlan, the stories' author, died in 1940 and so his works should have joined the public domain starting 2010. Part of the strategy from the copyright trolls has been to drag out the process with multiple lawsuits.

Back in October 2015 we brought you the story of the Buck Rogers Copyright Trolls, two lawyers who were fighting to keep Buck Rogers from entering the public domain using the discredited Sherlock Holmes system of licensing. Two and a half years later, Louise Geer and Dan Herman are still at it, using every trick in the book to keep a beloved tale out of the public domain, where it firmly belongs. Along the way the pair have stiffed multiple law firms, and currently are abusing a Bankruptcy Court in Pennsylvania in a Hail Mary effort to...well, it's not exactly clear what they're trying to do.

From Boing Boing : The continuing saga of Buck Rogers and the Copyright Trolls


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  • (Score: -1, Troll) by Anonymous Coward on Monday July 02 2018, @01:01PM (9 children)

    by Anonymous Coward on Monday July 02 2018, @01:01PM (#701316)

    Copyright can suck my dick. Amirite??

    • (Score: 1, Insightful) by Anonymous Coward on Monday July 02 2018, @01:49PM (7 children)

      by Anonymous Coward on Monday July 02 2018, @01:49PM (#701339)

      Be careful, copyrights can bite

      • (Score: -1, Troll) by Anonymous Coward on Monday July 02 2018, @02:25PM (6 children)

        by Anonymous Coward on Monday July 02 2018, @02:25PM (#701364)

        Not GNU! GNU copyrights are perfectly crafted legalese to ensure every free software programmer is entitled to compensation every time a tech billionaire uses free software to gain another billion in unearned profit.

        • (Score: 3, Informative) by DannyB on Monday July 02 2018, @03:20PM

          by DannyB (5839) Subscriber Badge on Monday July 02 2018, @03:20PM (#701401) Journal

          There are no GNU copyrights. There are just copyrights. GNU has licenses. Those licenses are designed as a hack using copyright licenses as a mechanism to ensure the freedom of the software with the force of law.

          As was discussed back in the Groklaw daze, there was a case where a judge did view the license as an agreement or contract, and the consideration exchanged for the rights in the license was that you kept the software free. And the copyright owners could expect to receive this compensation, and that compensation was just as valuable as a monetary compensation if that is what the copyright owners wanted instead of money.

          Tech billionaires and poor people alike use open source software every day. The authors and copyright owners of the open source or free software seem perfectly happy with this arrangement -- or they would have choosened a different license.

          --
          Thank goodness the 1st amendment forces people to listen to you and agree with you.
        • (Score: 0) by Anonymous Coward on Monday July 02 2018, @03:25PM (4 children)

          by Anonymous Coward on Monday July 02 2018, @03:25PM (#701403)

          wat

          Is this really the best you've got? What you're describing is a feature of BSD and MIT licenses.

          • (Score: 1, Funny) by Anonymous Coward on Monday July 02 2018, @04:01PM (3 children)

            by Anonymous Coward on Monday July 02 2018, @04:01PM (#701425)

            Copyright can suck my dick. Amirite??

            Is this really the best you've got? What you're describing is a feature of BSD and MIT licenses.

            I must be using them wrong, helpful advice appreciated.

            • (Score: 2) by realDonaldTrump on Monday July 02 2018, @05:32PM

              by realDonaldTrump (6614) on Monday July 02 2018, @05:32PM (#701480) Journal

              Realbotix, they're doing a head for RealDolls. Which, by the way, it's the same company. And it's going to be like Siri. Like Cortana. Like Alexa. Or the Google one. But with blowjobs.

            • (Score: 2) by bob_super on Monday July 02 2018, @06:36PM (1 child)

              by bob_super (1357) on Monday July 02 2018, @06:36PM (#701520)

              Error 517 : Dick stuck in fan blade - did not generate proper callback and did not get logged.
              Zero stars. Would not buy again.

              • (Score: 2) by Bot on Tuesday July 03 2018, @11:58AM

                by Bot (3902) on Tuesday July 03 2018, @11:58AM (#701852) Journal

                > Error 517 : Dick stuck in fan blade - did not generate proper callback and did not get logged.

                I guess your dick has systemd in PEED 1.

                --
                Account abandoned.
    • (Score: 1, Interesting) by Anonymous Coward on Monday July 02 2018, @02:24PM

      by Anonymous Coward on Monday July 02 2018, @02:24PM (#701362)

      Gutenberg has 2 of the works in public domain: http://www.gutenberg.org/ebooks/author/31334 [gutenberg.org]

      Other works are might be pirate-able but no one really cares enough to bother uploading them by the looks of it.

      Honestly I wouldn't be surprised if the whole thing is the result of the author's memorial fund's board of trustees going through the motions of hiring lawyers to protect the IP through the spending of the fund's coffers. I know there are a lot of museums for painters, authors and "philanthropists" operating under such arrangements all over the world.

  • (Score: 5, Insightful) by FatPhil on Monday July 02 2018, @01:09PM (9 children)

    by FatPhil (863) <pc-soylentNO@SPAMasdf.fi> on Monday July 02 2018, @01:09PM (#701320) Homepage

    entering the public domain, something which should have begun 70 years after the author's death.

    That should read "... 28 years after original publication (on assumption the IP owners cared to renew the copyright after the first 14 years)".

    --
    Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
    • (Score: 5, Insightful) by jdavidb on Monday July 02 2018, @02:22PM (8 children)

      by jdavidb (5690) on Monday July 02 2018, @02:22PM (#701361) Homepage Journal
      The Constitution prohibits the making of an ex post facto law. Except for retroactively extending copyright, which is apparently permitted.
      --
      ⓋⒶ☮✝🕊 Secession is the right of all sentient beings
      • (Score: 5, Informative) by schad on Monday July 02 2018, @03:04PM (7 children)

        by schad (2398) on Monday July 02 2018, @03:04PM (#701394)

        Ex post facto laws means criminalizing behavior that wasn't illegal at the time it was done. It doesn't mean that laws can't be made retroactive.

        If Congress let copyright for Buck Rogers lapse, then a few days later extended copyright retroactive to when it lapsed, you couldn't be punished for writing Buck Rogers fanfic on the days that it was out of copyright.

        • (Score: 4, Insightful) by Arik on Monday July 02 2018, @03:16PM (6 children)

          by Arik (4543) on Monday July 02 2018, @03:16PM (#701397) Journal
          Correct. That particular prohibition is narrow enough to allow this, though we may feel it violates the spirit of the thing.

          At a glance it might also violate the takings clause. Once a work has entered the public domain, however briefly, returning it to copyright amounts to taking the right to use it away from each and every citizen, without compensation.

          Unfortunately it's not possible to get a fair hearing on such issues when the copyright mafia are so deeply tied to government at all levels.
          --
          If laughter is the best medicine, who are the best doctors?
          • (Score: 2) by Alfred on Monday July 02 2018, @03:31PM (5 children)

            by Alfred (4006) on Monday July 02 2018, @03:31PM (#701408) Journal
            +1 for "Copyright Mafia"
            • (Score: 2) by FatPhil on Monday July 02 2018, @03:37PM (4 children)

              by FatPhil (863) <pc-soylentNO@SPAMasdf.fi> on Monday July 02 2018, @03:37PM (#701411) Homepage
              AKA the Music And Film Industry of America" with an easily remembered acronym.
              --
              Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
              • (Score: 2) by Alfred on Monday July 02 2018, @07:46PM (3 children)

                by Alfred (4006) on Monday July 02 2018, @07:46PM (#701551) Journal
                Maybe you can help me with a question I have had for a long time. If movies are Hollywood, then music is where?

                I bash on Hollywood a lot but I don't have a geographic anchor to bash on the music industry. Sure there is Nashville but most of the time I want to bash on more than just country music.
                • (Score: 0) by Anonymous Coward on Monday July 02 2018, @08:00PM

                  by Anonymous Coward on Monday July 02 2018, @08:00PM (#701559)

                  music is where?

                  Music is everywhere Alfred, it's like the cosmic vibration of the universe. A better question is where music is not and the answer is the VMA's.

                • (Score: 2) by Arik on Tuesday July 03 2018, @03:45AM

                  by Arik (4543) on Tuesday July 03 2018, @03:45AM (#701717) Journal
                  "If movies are Hollywood, then music is where?"

                  The RIAA is headquartered in DC, although there isn't any music there, I think that might be what you meant to ask.

                  --
                  If laughter is the best medicine, who are the best doctors?
                • (Score: 2) by FatPhil on Tuesday July 03 2018, @07:29AM

                  by FatPhil (863) <pc-soylentNO@SPAMasdf.fi> on Tuesday July 03 2018, @07:29AM (#701781) Homepage
                  LA big time with a few hundred studios. Then NY with a couple of hundred.

                  Nashville, Chicago, Miami, Atlanta are also significant, but combined are less than either of the big 2.
                  --
                  Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
  • (Score: 0) by Anonymous Coward on Monday July 02 2018, @02:14PM (1 child)

    by Anonymous Coward on Monday July 02 2018, @02:14PM (#701354)

    It's book Rogers [gutenberg.org] and not Buck Rogers which was the name of the comic strip?

    • (Score: 2) by HiThere on Monday July 02 2018, @10:50PM

      by HiThere (866) on Monday July 02 2018, @10:50PM (#701613) Journal

      Well, actually in the books, IIRC, his name was Anthony Rodgers.

      --
      Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
  • (Score: 2) by DannyB on Monday July 02 2018, @03:23PM (10 children)

    by DannyB (5839) Subscriber Badge on Monday July 02 2018, @03:23PM (#701402) Journal

    If a copyrighted work enters the public domain and there is nobody around to hear the copyright fall, does it make a sound?

    By the time this happens, will anyone even care about this particular fictional work?

    --
    Thank goodness the 1st amendment forces people to listen to you and agree with you.
    • (Score: 0) by Anonymous Coward on Monday July 02 2018, @03:58PM (9 children)

      by Anonymous Coward on Monday July 02 2018, @03:58PM (#701422)

      By the time this happens, will anyone even care about this particular fictional work?

      It's of historical and cultural significance as is the British version [wordpress.com] The aspirations of a society we inherited from the atomic age is interesting enough and watching SJW's freak out is just the icing on the cake...

      I was able to lead the Wyomings to victory over the Sinsings, a Hudson River tribe which had formed a traitorous alliance with the hereditary enemies and oppressors of the White Race in America.

      • (Score: 4, Funny) by realDonaldTrump on Monday July 02 2018, @06:11PM

        by realDonaldTrump (6614) on Monday July 02 2018, @06:11PM (#701507) Journal

        It wasn't that long ago. They had the Buck Rogers comic strip in so many papers when I was a boy. And they did a television series in the 80s. In the early early 80s. Let me tell you, we're not in the 25th Century. Only the 21st. But so much of it is coming true already. In the 25th Century, they had ray guns. We have LASER. They had the Space Core and the Rocket Police. Very soon we'll have the Space Force. Because of me!!!

      • (Score: 2) by HiThere on Monday July 02 2018, @10:53PM (7 children)

        by HiThere (866) on Monday July 02 2018, @10:53PM (#701616) Journal

        Try "Fifth Column" by Heinlein. Or "The Mightiest Machine" by John W. Campbell. (There are others, but those two are my favorites. I find the racism annoying, but can ignore it for the sake of the story.)

        --
        Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
        • (Score: 2) by Arik on Tuesday July 03 2018, @03:49AM (6 children)

          by Arik (4543) on Tuesday July 03 2018, @03:49AM (#701719) Journal
          The racism is an integral part of the story, I'm not sure how you can ignore it for the sake of the story.
          --
          If laughter is the best medicine, who are the best doctors?
          • (Score: 2) by HiThere on Tuesday July 03 2018, @05:32PM (5 children)

            by HiThere (866) on Tuesday July 03 2018, @05:32PM (#702054) Journal

            Perhaps ignore is the wrong word, but I can't think of a better one. And to what extent it's "an integral part of the story" is debatable. In Heinlein's "Fifth Column" is *was* an integral part of the story. In the Nolan books it's a shorthand way of talking about "nationalism", and you can easily ignore the racism. But even in "Fifth Column" it was easy to just say "OK, but things aren't that way really" and go on. Have you ever read any good translations from a foreign language? There are always cultural things involved that are either distasteful or unpleasant. You think about them a little, and then ignore them. You don't need to accept them to enjoy the story. (Others, of course, can cause you to question your own prejudices.)

            --
            Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
            • (Score: 1) by Arik on Tuesday July 03 2018, @09:20PM (4 children)

              by Arik (4543) on Tuesday July 03 2018, @09:20PM (#702184) Journal
              I believe you're thinking of 'Sixth Column' by the way, that's what I was talking about.

              "But things aren't that way really" - well things are very much like that actually, at least I thought it portrayed racial prejudice quite realistically, but maybe that's not what you meant.

              --
              If laughter is the best medicine, who are the best doctors?
              • (Score: 2) by HiThere on Tuesday July 03 2018, @11:17PM (3 children)

                by HiThere (866) on Tuesday July 03 2018, @11:17PM (#702226) Journal

                You're right, it was "Sixth Column".

                OK, if you read it as a portrayal of racial prejudice, then I can accept it as accurate. If you portrayal of the actual difference between groups of people, it's false, but acceptable for the sake of the story. I can also accept various FTL devices, including that of "The Skylark of Space", even though "things aren't that way". Did you ever read "The Iron Dream" by Norman Spinrad? An excellent story with totally implausible portrayal. (I'm basically ignoring here the frame within which this is a fictional portrayal of a fiction.)

                --
                Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
                • (Score: 2) by Arik on Wednesday July 04 2018, @01:15AM (2 children)

                  by Arik (4543) on Wednesday July 04 2018, @01:15AM (#702285) Journal
                  The thing is, actual differences between groups of people do develop in symbiosis with prejudice, so again I'm not sure how you can separate them. It's admittedly been a very long time since I read "Sixth Column" and perhaps I'm not remembering the same bit you're thinking of, but I recall reading it as the thoughts of the characters in the novel, as their voice. This was what they believed, and you could see why they believed it, and how it affected their actions.

                  Never read the Iron Dream sorry. A glance at the wikipedia article and it sounds like it might be interesting - or just horrible, depending on how it's written.

                  --
                  If laughter is the best medicine, who are the best doctors?
                  • (Score: 2) by HiThere on Wednesday July 04 2018, @06:08PM (1 child)

                    by HiThere (866) on Wednesday July 04 2018, @06:08PM (#702656) Journal

                    In "Sixth Column" the expressions were racial, but the actual conflict was nationalist based. This was made clear by having one of the secondary heroic roles played by a native-born oriental.

                    There are many times cultural differences that don't lead to prejudice. There seems to be a sort of threshold effect for most people, were exotic foreign ideas or people are accepted as "exotic" without instigating prejudice. The prejudice only arises when a degree of economic conflict appears. Others, of course, have a threshold so low it's hard to measure.

                    --
                    Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
                    • (Score: 3, Interesting) by Arik on Wednesday July 04 2018, @06:40PM

                      by Arik (4543) on Wednesday July 04 2018, @06:40PM (#702671) Journal
                      "In "Sixth Column" the expressions were racial, but the actual conflict was nationalist based."

                      And they fit well together, in the real world if not necessarily always in theory, for the simple reason that nationalism historically is a deeply racist ideology, in origin and usually in practice.

                      "There are many times cultural differences that don't lead to prejudice. There seems to be a sort of threshold effect for most people, were exotic foreign ideas or people are accepted as "exotic" without instigating prejudice. The prejudice only arises when a degree of economic conflict appears. Others, of course, have a threshold so low it's hard to measure."

                      I think there are a couple of different things going on.

                      First there is a natural continuum from neophile to neophobe, from xenophile to xenophobe. And where a population sits on that scale is very important, in an evolutionary sense. Moving to the phobic side reduces the risk of certain catastrophic events, such as spread of diseases for example. But moving to the other side gives great benefits, allowing expanded cooperation and mutually beneficial trade activities. From an evolutionary point of view, it's not a matter of picking one, but of finding an ideal balance (and tuning it in response to events as well - if you know there's a plague spreading you naturally become more phobic in response.)

                      Also, regardless of psychological orientation, if something seems to interfere with your ability to make a living, pay the bills, feed the kids etc. then it will start to bother you as well. So that's your 'economic conflict' affect - they're related but I do see that as separate. Even a xenophile can develop resentments over such things.
                      --
                      If laughter is the best medicine, who are the best doctors?
  • (Score: 5, Insightful) by Alfred on Monday July 02 2018, @03:25PM (7 children)

    by Alfred (4006) on Monday July 02 2018, @03:25PM (#701404) Journal
    I agree that copyright should exist. But it should exist for a finite term. Meaning, a finite term that doesn't keep extending. There are aggressive lobbies that continue to seek extension for copyright terms. In general, the term sought by the lobby is greater than the time between the release of Steamboat Willie to today. In the words I heard from Lessig, "So no one can do to Disney what Disney did to Brothers Grimm." This lobby/Disney driven copyright term extending is actually harmful to creativity. Copyright, with the current crazy long terms, has overflowed its banks and is actual detriment to society now.

    The compromise is to have first copyright be free and every following renewal to cost increasingly more. That way Disney can continue to copyright mickey mouse crap and all of us can copyright our podcasts or whatever that we won't care about in 10-20 years.
    • (Score: 3, Interesting) by crafoo on Monday July 02 2018, @04:48PM

      by crafoo (6639) on Monday July 02 2018, @04:48PM (#701452)

      Agreed.

      It seems to me that the copyright situation is, in general, an excellent indicator of the balance of power between corporations and individual citizens. Who benefits from the newest laws? Who has their interests served by the courts? By Congress? By law enforcement? Who can personally and effectively defend their rights by both financial and physical force?

    • (Score: 2, Interesting) by Anonymous Coward on Monday July 02 2018, @05:21PM (3 children)

      by Anonymous Coward on Monday July 02 2018, @05:21PM (#701473)

      Yup, my proposal was that you get 20 years free.

      After that, you need to register the work with the PTO (which could then be the PTCO?), with an estimated worth of the work.

      Then, each year you must pay a tax on the worth of the work, where T = W x (Y - 20)/100, (T=tax, W=stated worth, Y=year after publishing) so the 21st year you pay 1%, 22nd, 2% etc. Each year you are allowed to change the estimated worth. The catch is that you are legally bound to accept any offer to buy the rights for anything exceeding that estimate, the new owners can re-estimate the worth upon purchase. Failure to pay for a full year lapses the work into the public domain. The list will be publicly available through the PT(C)O, and any work over 20 years old not in that list will be assumed to be PD (defensible in court).

      • (Score: 2) by Alfred on Monday July 02 2018, @07:44PM (2 children)

        by Alfred (4006) on Monday July 02 2018, @07:44PM (#701550) Journal
        I disagree with the compulsion to sell part of it. It leaves you vulnerable to hostile takeover. Can you propose something that is not dependent on the "worth" of the work? I would be content with a value set only by the age of the work. Especially if it grows exponentially.
        • (Score: 2) by Mykl on Monday July 02 2018, @11:46PM

          by Mykl (1112) on Monday July 02 2018, @11:46PM (#701639)

          Perhaps this should be that you have to EITHER:

          • Sell the copyright at the offered price (assuming genuine offer); OR
          • Raise the 'value' of your work to a figure higher than the offer, and continue to pay copyright ownership fees based on the new, higher price

          At some point, it needs to become economically unviable to continue to pay for extended copyright.

        • (Score: 3, Interesting) by Reziac on Tuesday July 03 2018, @03:10AM

          by Reziac (2489) on Tuesday July 03 2018, @03:10AM (#701711) Homepage

          Someone on the Green Site once proposed this:

          Initial copyright registration, say for 14 years from first publication date: free
          Renewal, say for 7 years: fee, inexpensive enough for entry-level users
          Every 7 years thereafter: renewal fee doubles

          So how much you pay is directly proportional to how long you hang onto it. And after a certain point, even Mickey Mouse isn't worth the cost.

          --
          And there is no Alkibiades to come back and save us from ourselves.
    • (Score: 2) by Kawumpa on Tuesday July 03 2018, @06:42AM (1 child)

      by Kawumpa (1187) on Tuesday July 03 2018, @06:42AM (#701763)

      It's not hampering creativity at all, in fact it's fostering creativity, though not necessarily in a way you and I might prefer.

      • (Score: 3, Insightful) by HiThere on Tuesday July 03 2018, @05:37PM

        by HiThere (866) on Tuesday July 03 2018, @05:37PM (#702059) Journal

        I want to mod the parent up, but it doesn't really fit into any of the categories. Underrated would work, but I can't use that because nobody else has moded it. So I'm posting a reply so that more people will notice the parent.

        --
        Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
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