What copyrights can't do (was Re: Microsoft ``support'')

[Paul S. R. Chisholm]

< If you lined all the news readers up end-to-end, they'd be easier to shoot. >

In article <3153 at killer.UUCP>, nortond at killer.UUCP (Daniel A. Norton) writes:
} In article <248 at pyuxf.UUCP> robf2 at pyuxf.UUCP (robert fair) writes:
} >So here I am having spent several $000 on a compiler which does not
} >perform as advertised and the manufacturer refuses to fix.
} >
} >Does anyone have any suggestions where to go from here ? 
} 
} Yes.  Please tell the rest of us on the network about the problem.
} At least we can work around these bugs if we know about them.
} In your report, however, include a restrictive copyright notice
} particularly restricting Microsoft from using the report for internal
} use and bug-fixing.  These bug reports are of very high commercial value
} to Microsoft.  It does not seem like a fair trade to report a bug to
} them and have them turn around and profit by it without renumeration
} to the person who spent time diagnosing the problem.
} 
} A month or so ago, I reported a bug in a MSC intrinsic which included
} such a copyright notice.  If anyone has information which suggests
} that Microsoft or an employee of Microsoft has violated the license
} agreement, please inform me.
} --
} Daniel A. Norton, ...{lll-lcc,ptsfa,hplabs}!well!nortond

You're understandably upset, but a bit confused.  If I bought a
compiler from Microsoft, they might ask me to sign a "license", an
informal contract between me and them.  (Funny how it never seems to
give them any responsibilities.)  However, you certainly never got them
to sign a license about information you're not even giving them.

They also have a "copyright" on their software.  What does that mean?
It means you can't make copies of it and give or sell them to people
without Microsoft's permission.  In a sense, they own the rights to
this "information".

Here's the rub.  A copyright only protects the *expression* of an idea,
not the *idea* itself.  Does your copyright on your bug reports mean
that Microsoft can't publish the reports in DIAL?  Yes.  Does it mean
they can't make even a single copy of it?  Probably not; this gets into
issues of "personal use" and "fair use".  Does it mean that they can't
write down the information in your bug report and do whatever they feel
like?  No way, Jose.  The fact that (say) execlv() always fails in the
huge model (I just made that up, any resemblance to reality is strictly
coincidental) is not inherent in your expression of that fact, so
Microsoft (or Borland, or INFOWORLD) can do with that fact whatever
they please.

If you don't like Microsoft, vote with your letters, vote with your bad
reviews, and vote with your feet.  But if you discover a bug, you can
tell everyone, or you can tell no one; copyright law won't keep it from
Microsoft.

-Paul S. R. Chisholm, {ihnp4,cbosgd,allegra,rutgers}!mtune!lznv!psc
AT&T Mail !psrchisholm, Internet psc at lznv.att.com
I'm not speaking for my employer, I'm just speaking my mind.