[asterisk-users] HR 5889.

[Tilghman Lesher]

On Saturday 05 July 2008 18:33:50 Alex Balashov wrote:
> I am curious for your thoughts on US HR 5889:
>
> http://blamcast.net/articles/orphaned-works-open-source-copyright
>
> While I am sure that the implications of this bill, as it appears to be
> constructed, have no significant implication on Asterisk as such, it could
> potentially injure the community of open-source addons, modules, and
> helper applications surrounding it and essential to its use in many
> scenarios.

After reading the bill in question, I have little doubt that the authors of
that blog piece are, to put it mildly, full of it.  HR 5889 makes clear
mention of the diligence that is required, and, if notified of the
infringement, the infringer must cease to make use of the work, unless
he pays the copyright owner a price that the owner demands.  Furthermore,
the existence of an active email account on the copyrighted work in question
would completely negate any claim of due diligence, by the plain language
of the bill.

Additionally, the blog piece completely misses the qualification of the
commercial database:  to qualify, they must contain all authors and all
contact information, and if any contact information is readily available, and
they do not put it in their database, they stand to lose certification as a
copyright database.  So much for having to pay to register your work.  In
short, this bill is very well balanced, and I certainly hope it becomes law.

-- 
Tilghman