• Re: Can a public domain military manual be "copyrighted" by a private p

    From Holly Dawson James@21:1/5 to All on Mon Jan 23 13:51:50 2023
    On Monday, January 3, 2011 at 9:11:23 AM UTC-5, Ignoramus7361 wrote:
    The US government (military) has published many technical manuals. All
    of them are produced with taxpayer money and are in public
    domain. Most of those are not secret and are generally available to
    the public.
    Unfortunately, as they go, many are hard to find and there is a
    cottage industry of CDROM sellers and spammy websites that charge
    money for PDF copies of those manuals.
    Needing one manual or another from time to time, I appreciate how
    difficult it has become to find a genuine manual for a free and easy download.
    I would like to change all of this, and offer them all on my website, completely for free, and provide a BitTorrent download to get them
    all, so they could be reposted elsewhere amd become more available to
    the general public.
    I looked at a few "Sets of manuals on DVDs" that are offered for sale,
    and saw the following statement:
    ``As we are the sole creators, manufacturers and distributors of this
    product we hold legal copyright to the product and its
    contents. Products are produced in-house using state of the art
    duplication techniques and conforms and is in compliance with any and
    all policies that may apply regarding the sale of media on recordable
    formats and buyers may not reproduce, copy or resell under any
    circumstances as materials are watermarked and protected. Some manuals
    may not include covers. THE ULTIMATE ARMY TECHNICAL MANUALS DISK SET
    IS COPYRIGHTED 1993-2010 WWW.<DVD SELLER STORE>.COM. NO SALES TO
    DEALERS OR SELLERS.''
    I would like to know how can they claim to hold "legal copyright" to documents that are in public domain.
    Secondly, if I purchase a set from them, can they rely on contract
    theory to prohibit me from reproducing their manuals? As in, could
    they say that by purchasing the item, I agreed to their terms, and not
    allow me to publish them online?
    Thirdly, if the contract theory can be used to prohibit me from
    reoffering their content, can I have someone else buy the set, and
    then give it to me as a gift, with no strings attached?
    Again, I am not looking to resell a DVD set that I purchase from
    someone. I intend to distribute those public domain manuals for free
    online.
    I do have money and if, say, I am forced to spend $20k on lawyers, it
    would be disappointing to me, but it will not lead me to financial
    ruin.
    i


    I bought class room training manuals from 1941, training American soldiers to speak Japanese, so their could communicate. I think it was 11 books in total, I think I paid $10.00 each. I am a junk journalist, I tear about old books and repurpose. (I know,
    don't yell at me)
    Holly

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  • From Stuart O. Bronstein@21:1/5 to Holly Dawson James on Mon Jan 23 14:59:09 2023
    Holly Dawson James <hldawson3@gmail.com> wrote:

    On Monday, January 3, 2011 at 9:11:23 AM UTC-5, Ignoramus7361
    wrote:
    The US government (military) has published many technical
    manuals. All of them are produced with taxpayer money and are in
    public domain. Most of those are not secret and are generally
    available to the public.
    Unfortunately, as they go, many are hard to find and there is a
    cottage industry of CDROM sellers and spammy websites that charge
    money for PDF copies of those manuals.
    Needing one manual or another from time to time, I appreciate how
    difficult it has become to find a genuine manual for a free and
    easy download.
    I would like to change all of this, and offer them all on my
    website, completely for free, and provide a BitTorrent download
    to get them all, so they could be reposted elsewhere amd become
    more available to the general public.
    I looked at a few "Sets of manuals on DVDs" that are offered for
    sale, and saw the following statement:
    ``As we are the sole creators, manufacturers and distributors of
    this product we hold legal copyright to the product and its
    contents. Products are produced in-house using state of the art
    duplication techniques and conforms and is in compliance with any
    and all policies that may apply regarding the sale of media on
    recordable formats and buyers may not reproduce, copy or resell
    under any circumstances as materials are watermarked and
    protected. Some manuals may not include covers. THE ULTIMATE ARMY
    TECHNICAL MANUALS DISK SET IS COPYRIGHTED 1993-2010 WWW.<DVD
    SELLER STORE>.COM. NO SALES TO DEALERS OR SELLERS.''
    I would like to know how can they claim to hold "legal copyright"
    to documents that are in public domain.
    Secondly, if I purchase a set from them, can they rely on
    contract theory to prohibit me from reproducing their manuals? As
    in, could they say that by purchasing the item, I agreed to their
    terms, and not allow me to publish them online?
    Thirdly, if the contract theory can be used to prohibit me from
    reoffering their content, can I have someone else buy the set,
    and then give it to me as a gift, with no strings attached?
    Again, I am not looking to resell a DVD set that I purchase from
    someone. I intend to distribute those public domain manuals for
    free online.
    I do have money and if, say, I am forced to spend $20k on
    lawyers, it would be disappointing to me, but it will not lead me
    to financial ruin.

    I bought class room training manuals from 1941, training American
    soldiers to speak Japanese, so their could communicate. I think it
    was 11 books in total, I think I paid $10.00 each. I am a junk
    journalist, I tear about old books and repurpose. (I know, don't
    yell at me) Holly

    First, US government publications are not free. If you go to a US
    government bookstore in real life or on line, you pay for those
    publications. And they are not cheap.

    Next, someone can republish a book that is in the public domain and
    claim to copyright it. But the copyright only applies to new
    material that was added, such as a table or contents or index. They
    can't protect material that was in the public domain.


    --
    Stu
    http://DownToEarthLawyer.com


    --
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  • From Rick@21:1/5 to Stuart O. Bronstein on Tue Jan 24 10:14:50 2023
    "Stuart O. Bronstein" wrote in message news:XnsAF95925CBE0CFavocatstuyahoofr@130.133.4.11...

    Holly Dawson James <hldawson3@gmail.com> wrote:

    On Monday, January 3, 2011 at 9:11:23 AM UTC-5, Ignoramus7361
    wrote:
    The US government (military) has published many technical
    manuals. All of them are produced with taxpayer money and are in
    public domain. Most of those are not secret and are generally
    available to the public.
    Unfortunately, as they go, many are hard to find and there is a
    cottage industry of CDROM sellers and spammy websites that charge
    money for PDF copies of those manuals.
    Needing one manual or another from time to time, I appreciate how
    difficult it has become to find a genuine manual for a free and
    easy download.
    I would like to change all of this, and offer them all on my
    website, completely for free, and provide a BitTorrent download
    to get them all, so they could be reposted elsewhere amd become
    more available to the general public.
    I looked at a few "Sets of manuals on DVDs" that are offered for
    sale, and saw the following statement:
    ``As we are the sole creators, manufacturers and distributors of
    this product we hold legal copyright to the product and its
    contents. Products are produced in-house using state of the art
    duplication techniques and conforms and is in compliance with any
    and all policies that may apply regarding the sale of media on
    recordable formats and buyers may not reproduce, copy or resell
    under any circumstances as materials are watermarked and
    protected. Some manuals may not include covers. THE ULTIMATE ARMY
    TECHNICAL MANUALS DISK SET IS COPYRIGHTED 1993-2010 WWW.<DVD
    SELLER STORE>.COM. NO SALES TO DEALERS OR SELLERS.''
    I would like to know how can they claim to hold "legal copyright"
    to documents that are in public domain.
    Secondly, if I purchase a set from them, can they rely on
    contract theory to prohibit me from reproducing their manuals? As
    in, could they say that by purchasing the item, I agreed to their
    terms, and not allow me to publish them online?
    Thirdly, if the contract theory can be used to prohibit me from
    reoffering their content, can I have someone else buy the set,
    and then give it to me as a gift, with no strings attached?
    Again, I am not looking to resell a DVD set that I purchase from
    someone. I intend to distribute those public domain manuals for
    free online.
    I do have money and if, say, I am forced to spend $20k on
    lawyers, it would be disappointing to me, but it will not lead me
    to financial ruin.

    I bought class room training manuals from 1941, training American
    soldiers to speak Japanese, so their could communicate. I think it
    was 11 books in total, I think I paid $10.00 each. I am a junk
    journalist, I tear about old books and repurpose. (I know, don't
    yell at me) Holly

    First, US government publications are not free. If you go to a US
    government bookstore in real life or on line, you pay for those
    publications. And they are not cheap.

    Next, someone can republish a book that is in the public domain and
    claim to copyright it. But the copyright only applies to new
    material that was added, such as a table or contents or index. They
    can't protect material that was in the public domain.



    I first encountered this issue back in 1964 when the US Government published the Warren Report on the assassination of President Kennedy. Almost immediately, there were numerous versions of the report offered for sale by many legit publishers, all with their own introductions or prefaces that
    they copyrighted, and all over-priced. I bought the Government Printing
    Office version for something like $3.50 and was perfectly fine with it.

    The strangest example occurred a few years later when the government
    published a report on Obscenity and Pornography. I don't recall the price,
    but it was about the size of the Warren Report - something like 650 or 700 pages. The book was all text and was a summary of the findings on the Presidential Commission on Obscenity and Pornography. Inevitably, a company came along and published what they called the Illustrated Report on
    Obscenity and Pornography (or something like that), and it had the exact
    text of the government report but with actual pictures to show examples of pornography. At the time it came out, many people thought the book itself
    was an example of pornography, but I'm pretty sure it's still in print today and can be found on eBay and Amazon. Point is, it's another example of
    taking a public domain document and adding an external element.

    --

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  • From Barry Gold@21:1/5 to Stuart O. Bronstein on Thu Jan 26 22:17:54 2023
    On 1/23/2023 2:59 PM, Stuart O. Bronstein wrote:
    First, US government publications are not free. If you go to a US
    government bookstore in real life or on line, you pay for those
    publications. And they are not cheap.

    Next, someone can republish a book that is in the public domain and
    claim to copyright it. But the copyright only applies to new
    material that was added, such as a table or contents or index. They
    can't protect material that was in the public domain.

    Oh, and a TOC or index is unlikely to be copyrightable. That's a purely mechanical transform from the original book. THere needs to be a
    "creative spark" to make something copyrightable.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

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  • From Barry Gold@21:1/5 to Rick on Thu Jan 26 22:18:20 2023
    On 1/24/2023 10:14 AM, Rick wrote:
    The strangest example occurred a few years later when the government published a report on Obscenity and Pornography.  I don't recall the price, but it was about the size of the Warren Report - something like 650 or 700 pages.   The book was all text and was a summary of the findings on the Presidential Commission on Obscenity and Pornography.  Inevitably, a
    company
    came along and published what they called the Illustrated Report on
    Obscenity and Pornography (or something like that), and it had the exact
    text of the government report but with actual pictures to show examples of pornography.  At the time it came out, many people thought the book itself was an example of pornography, but I'm pretty sure it's still in print
    today
    and can be found on eBay and Amazon.   Point is, it's another example of taking a public domain document and adding an external element.

    Earl Kemp, an SF fan, published the "Illustrated Report etc." The
    government decided that the added pictures made it obscene and put him
    in prison for a few years. He moved to Mexico when he got out.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

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  • From Stuart O. Bronstein@21:1/5 to Barry Gold on Fri Jan 27 09:02:03 2023
    Barry Gold <bgold@labcats.org> wrote:

    AFAIK, all materials published by the US Government,and everything
    produced as a work made for hire for the US Government, is in the
    public domain. (Classified material excepted)

    Right. But that is not the same in at least other countries with
    respect to publications issued by their governments.

    --
    Stu
    http://DownToEarthLawyer.com


    --
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    www.avg.com

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  • From Roy@21:1/5 to Barry Gold on Fri Jan 27 13:26:08 2023
    On 1/26/2023 10:17 PM, Barry Gold wrote:
    On 1/23/2023 2:59 PM, Stuart O. Bronstein wrote:
    First, US government publications are not free.  If you go to a US
    government bookstore in real life or on line, you pay for those
    publications.  And they are not cheap.

    Next, someone can republish a book that is in the public domain and
    claim to copyright it.  But the copyright only applies to new
    material that was added, such as a table or contents or index.  They
    can't protect material that was in the public domain.

    Yes, because the Government Printing Office wants to recoup the cost of printing it, plus a profit to keep the GPO in business.

    AFAIK, all materials published by the US Government,and everything
    produced as a work made for hire for the US Government, is in the public domain. (Classified material excepted)


    AFAIK, classified material is in the public domain. However the
    distribution and possession is restricted as needed. I have a FOIA
    request now for a book I wrote fifty years ago while in the military.
    The SECRET classification should be expiring this year.

    --- SoupGate-Win32 v1.05
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  • From Barry Gold@21:1/5 to Roy on Fri Jan 27 22:31:03 2023
    On 1/27/2023 1:26 PM, Roy wrote:
    On 1/26/2023 10:17 PM, Barry Gold wrote:
    On 1/23/2023 2:59 PM, Stuart O. Bronstein wrote:
    First, US government publications are not free.  If you go to a US
    government bookstore in real life or on line, you pay for those
    publications.  And they are not cheap.

    Next, someone can republish a book that is in the public domain and
    claim to copyright it.  But the copyright only applies to new
    material that was added, such as a table or contents or index.  They
    can't protect material that was in the public domain.

    Yes, because the Government Printing Office wants to recoup the cost
    of printing it, plus a profit to keep the GPO in business.

    AFAIK, all materials published by the US Government,and everything
    produced as a work made for hire for the US Government, is in the
    public domain. (Classified material excepted)


    AFAIK, classified material is in the public domain.  However the distribution and possession is restricted as needed.  I have a FOIA
    request now for a book I wrote fifty years ago while in the military.
    The SECRET classification should be expiring this year.

    Interesting side note. My father was a radar technician in WWII. He
    somehow came home with a couple of the training manuals from radar
    school. They were marked "British: Secret, US: Confidential". Acto my
    father, there was a rule that enlisted men could not have Secret
    clearances, so the manuals had to have a lower classification in the US.

    I read them. There was nothing in them that you wouldn't find in the
    ARRL publications: Ohm's law, calculating impedance for capacitors and inductors, Kirchhoff's circuit laws.

    The only reason I can think of for classifying them is that they may
    have had the word "RADAR".


    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
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  • From Jethro_uk@21:1/5 to Barry Gold on Sat Jan 28 12:58:04 2023
    On Fri, 27 Jan 2023 22:31:03 -0800, Barry Gold wrote:

    On 1/27/2023 1:26 PM, Roy wrote:
    On 1/26/2023 10:17 PM, Barry Gold wrote:
    On 1/23/2023 2:59 PM, Stuart O. Bronstein wrote:
    First, US government publications are not free.  If you go to a US
    government bookstore in real life or on line, you pay for those
    publications.  And they are not cheap.

    Next, someone can republish a book that is in the public domain and
    claim to copyright it.  But the copyright only applies to new
    material that was added, such as a table or contents or index.  They
    can't protect material that was in the public domain.

    Yes, because the Government Printing Office wants to recoup the cost
    of printing it, plus a profit to keep the GPO in business.

    AFAIK, all materials published by the US Government,and everything
    produced as a work made for hire for the US Government, is in the
    public domain. (Classified material excepted)


    AFAIK, classified material is in the public domain.  However the
    distribution and possession is restricted as needed.  I have a FOIA
    request now for a book I wrote fifty years ago while in the military.
    The SECRET classification should be expiring this year.

    Interesting side note. My father was a radar technician in WWII. He
    somehow came home with a couple of the training manuals from radar
    school. They were marked "British: Secret, US: Confidential". Acto my
    father, there was a rule that enlisted men could not have Secret
    clearances, so the manuals had to have a lower classification in the US.

    I read them. There was nothing in them that you wouldn't find in the
    ARRL publications: Ohm's law, calculating impedance for capacitors and inductors, Kirchhoff's circuit laws.

    The only reason I can think of for classifying them is that they may
    have had the word "RADAR".

    It's hard to hide the science. Most deadly app tech is more about the engineering.

    I still await a test of the doctrine of "natural born secret" - which
    seems a peculiar US concept. But then this is the country that managed to
    make a number illegal ...

    --- SoupGate-Win32 v1.05
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  • From Jethro_uk@21:1/5 to Stuart O. Bronstein on Sat Jan 28 12:57:25 2023
    On Fri, 27 Jan 2023 09:02:03 -0800, Stuart O. Bronstein wrote:

    Barry Gold <bgold@labcats.org> wrote:

    AFAIK, all materials published by the US Government,and everything
    produced as a work made for hire for the US Government, is in the
    public domain. (Classified material excepted)

    Right. But that is not the same in at least other countries with
    respect to publications issued by their governments.

    "Crown copyright" is a pretty good way of making sure taxpayers don't get
    ideas above their station.

    I am constantly in awe of how much valuable material NASA makes public
    because it receives federal funds.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roy@21:1/5 to All on Sat Jan 28 17:38:16 2023
    On 1/28/2023 12:58 PM, Jethro_uk wrote:
    On Fri, 27 Jan 2023 22:31:03 -0800, Barry Gold wrote:


    ...

    Interesting side note. My father was a radar technician in WWII. He
    somehow came home with a couple of the training manuals from radar
    school. They were marked "British: Secret, US: Confidential". Acto my
    father, there was a rule that enlisted men could not have Secret
    clearances, so the manuals had to have a lower classification in the US.

    I read them. There was nothing in them that you wouldn't find in the
    ARRL publications: Ohm's law, calculating impedance for capacitors and
    inductors, Kirchhoff's circuit laws.

    The only reason I can think of for classifying them is that they may
    have had the word "RADAR".

    It's hard to hide the science. Most deadly app tech is more about the engineering.

    I still await a test of the doctrine of "natural born secret" - which
    seems a peculiar US concept. But then this is the country that managed to make a number illegal ...


    While people knew about radar, there was several big secrets about it.
    The "Cavity Magnetron" was invented in 1940 and was a big breakthrough
    for radar. It was quickly deployed and the Allies held a lead in radar
    that their counterparts in Germany and Japan were never able to close.
    By the end of the war, practically every Allied radar was based on a
    magnetron. For a time, the orders were to not put the magnetron radar
    where it could be captured.

    You probably have a magnetron in your microwave oven in your kitchen.

    The point being that looking at data in a manual from that time may have
    some reference to the technology of the device.

    Another big breakthrough in WW II is the radio based proximity fuze
    which made it easier to shoot down aircraft. Over 100 American
    companies were mobilized to build some 20 million shell fuzes.

    While the science behind these things may have been known, its the
    engineering that is critical as well. The atomic bomb is also a good
    example.

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