Re: legality of web links to articles?

Subject: Re: legality of web links to articles?
From: Sandy Harris <sandy -at- storm -dot- ca>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Tue, 12 Feb 2002 22:49:42 -0500

Annamaria Profit wrote:

> This is what happens when companies do not aggressively track copyright
> infringements! The same fate befell Xerox and Kleenex!

That applies to trademarks, not copyright.

If everyone calls photocopying "xeroxing", that destroys Xerox's trademark.
Some other company can then legally say their product "xeroxes" documents.

But if everyone is humming some tune, that does not destroy the writer's
copyright or let some other singer perform it without paying royalties.

> Once the product enters the public domain, there's no getting it back!

Watch the distinctions here.

Names that were once trademarks can become generic terms, as
discussed above.

Technology can become generally available when a patent expires.

Neither of these involves either /copyright/ law or having the /product/
enter the public domain.

> A variation of the
> same argument is used to defend against proprietary information/security
> violations. The courts have held that if people can get ahold of
> proprietary info, it's not--because if it were, the corporation would have
> taken adequate means to prevent the stealth/secure the info!

That's another whole area. If you don't keep it secret, then it isn't
a trade secret.

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References:
Re: legality of web links to articles?: From: Arlen . P . Walker
Re: legality of web links to articles?: From: Annamaria Profit

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