2) "If I don't charge for it, it's not a violation."

False. Whether you charge can affect the damages awarded in court, but that's essentially the only difference. It's still a violation if you give it away -- and there can still be heavy damages if you hurt the commercial value of the property.

3) "If it's posted to Usenet it's in the public domain."

False. Nothing is in the public domain anymore unless the owner explicitly puts it in the public domain(*). Explicitly, as in you have a note from the author/owner saying, "I grant this to the public domain." Those exact words or words very much like them.

Some argue that posting to Usenet implicitly grants permission to everybody to copy the posting within fairly wide bounds, and others feel that Usenet is an automatic store and forward network where all the thousands of copies made are done at the command (rather than the consent) of the poster. This is a matter of some debate, but even if the former is true (and in this writer's opinion we should all pray it isn't true) it simply would suggest posters are implicitly granting permissions "for the sort of copying one might expect when one posts to Usenet" and in no case is this a placement of material into the public domain. Furthermore it is very difficult for an implicit licence to supersede an explicitly stated licence that the copier was aware of.

Note that all this assumes the poster had the right to post the item in the first place. If the poster didn't, then all the copies are pirate, and no implied licence or theoretical reduction of the copyright can take place.

(*) It's also usually in the public domain if the creator has been dead for 50 years. If anybody dead for 50 years is posting to the net, let me know. There are some other fine points to this issue -- check more detailed documents for info.


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