Quote:
Originally Posted by Elfwreck
Don't need a law, exactly, just a judge's ruling on a copyright case that refusal to enter a market makes it available for others to copy into. Such a ruling would also imply that books never released in paperback were free to be published in that way. Potentially, to avoid commercial exploitation, the ruling could say that no direct profit could be made from the unauthorized copies.
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You won't get such a ruling in the US. It does not fit the structure of current copyright law. You would need legislation, & you won't get it as long as Disney is around.
The right to control the property interest protected by copyright necessarily includes the right to determine how, when or if to publish. That right is clearly protected by US copyright law.
There's no footing in the copyright statute to give a judge, even the most liberal "the law is what the courts say it is" judge, a place to stand & say that because a copyright owner has not entered a market, someone else can do it for him.
Much as I'd like to say otherwise...