"nem"  wrote:

>One might also add that the software should be made PD if the author no 
>longer has the source code for it.

Good idea but Berne would probably consider that the instructions which are 
read by the processor consititute the literary work:

http://www.wipo.int/meetings/en/html.jsp?url=http://www.wipo.int/edocs/mdocs/copyright/en/sccr_9/sccr_9_7.doc

Public Domain is a sad case:

http://www.xanga.com/publicdomain/687985634/public-domain-day-2009/

DRM is a sad case:

http://www.digital-copyright.ca/

But in the US on the bright side "Independent Creation is Permitted. A 
second work, identical to an earlier copyrighted work, does not infringe, if 
it is, in fact, independently created."

http://www.piercelaw.edu/thomasfield/ipbasics/copyright-for-computer-authors.php

Bill
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