Enamored as I am with anti-copyright arguments, here’s an interesting discussion on public domain Puritan works over at the Baylyblog. While it is true that many errant publishers seek to copyright their republished public domain works without any legal ability to do so, in the case of digital works there is often a little agreement known as the “Terms of Use.” Now, you and I both skim over these tedious documents every time we install a piece of software, but, if you ever read one carefully, you notice that you are usually only licensing said software. So, if you buy a digital version of the Everyman’s Puritan Library or Ray’s Arithmetic, then even if the publisher’s copyright is null and void, you’ve still given your word that you will only use that version in accordance with it’s license as defined in the “Terms of Use.” Question is, are you going to keep your word? And if you don’t keep your word, Dear and Gentle Scoundrel, will you be able to prevail against the “Terms of Use” in court?
Note: I respect Lawrence Lessig’s Powerpoint skills more, but the work he does on copyright law is also notable. See Save Orphan Works, as well.