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The Chip Board Archive 09

Language barrier
In Response To: Re: A question... ()

Joseph… looks like we’ve stumbled into a language barrier problem. Turns out that the phrase “public domain” is a idiomatic legal expression in the U.S. that has a very specific meaning. You are using the phrase interchangeably with “public access” and, where this might be correct in the U.K., or in other type of conversation over here (although I've never heard this phrase used in any other context), I think it is very dangerous to use that definition when discussing a rights situation. (I’m not a lawyer, and I'd appreciate any lawyers jumping in here and correcting my mistakes vbg)

The phrase “public domain” refers to a legal concept where there are no limited rights to a property and, in fact, the rights are owned by the public. In the public domain are materials such as items that cannot be copyrighted (phrases, titles, etc.), government documents, formerly copyrighted works where the copyright is no longer in effect, or copyrightable works whose rights have been granted to the public.

Your comment, then, that "Public domain is an area where the public have access to the item, it does not imply they have the right to use it but people assume they do." , therefore, is not correct using this definition (which, again, we should do when discussing rights). Being in the public domain DOES imply the right for the public to use the item, and has nothing to do with access, per se. So, then, if we say, for example, that "this novel is in the public domain" it means that there is no enforceable copyright on the book, and not that it is accessible by everyone, on the internet or otherwise.

You later stated: ”Furthermore, I found you example non relevant as the analogy relied on incompatible similarities.” Again, I feel you are using the phrase “public domain” to be interchangeable with the concept of “public access.” You should now be able to see that my example was perfectly relevant in arguing this point.

And finally…”Again, sorry, perhaps I was a bit harsh using such a strong term as 'rediculous'.” Joseph… check the spelling on that one.

Messages In This Thread

Re: I have something to add sad
Re: I have something to add sad
Re: I have something to add sad
A question...
Re: A question...
Re: A question...
Re: A question...
Re: A question...
sic 'em Jay vbg
Re: A question...
Language barrier
I HAVE LITTLE QUARREL WITH
Re: I have something to add sad
Wonder how'd people'd feel....
Great analogy Jill!
Re: Wonder how'd people'd feel....
Re: Wonder how'd people'd feel....
Re: Do you have one foot nailed to the floor?
Do you have one foot nailed to the floor? rofl
Re: Wonder how'd people'd feel....
Re: Wonder how'd people'd feel....
Re: I have something to add sad
vbg ¿¿¿ EUCHRE??? vbg
Re: vbg ¿¿¿ EUCHRE??? vbg
Re: I have something to add sad
It's pretty simple
TOUCHE! PERFECT, Bob! grin

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