Incorrect. You are mixing up two distinct things. Ownership of a copy of a public domain work does not confer the right to control the work itself. When a work is in the public domain, it is the content that is in the public domain, not any particular instantiation. If I acquire an original pen catalog that is in the public domain, and I make a photocopy of that catalog, the photocopy is not in the public domain; it's mine, and I can tuck it in a drawer and never show it to anyone if I choose. I am controlling that instantiation of the public domain document, but I am not controlling the work itself -- I cannot exert, nor do I claim to exert, any control over the work itself; I cannot say, "I photocopied that catalog, so you cannot get or distribute your own copy of that catalog."
Therefore, you are wrong when you say that what I suggest amounts to trying to control public domain documents.
I'm not sure what you mean when you say the agreement on the PCA site means nothing. Are you offering a legal opinion that it represents a contract that is illegal?
Is it your opinion that the agreements between users and such companies as Ancestry.com, Newspapers.com, and NewspaperARCHIVE.com "mean nothing"?
To be clear: Are you saying that a person or entity who makes a reproduction of a public-domain work has no right to impose conditions for viewing their reproduction, such as the setting of a fee?Assembling a collection such as PCA has is a commendable and very worthwhile effort and does deserve due respect ( a key point). That PCA would like to exercise some control is certainly understandable due to the time and effort put in. Unfortunately not owning the content means they have no right to control it, they have the same right to copy it as everyone else has (key point) which is a point overlooked regardless of whether they had to pay for access to the original. I have no doubt it's unethical to simply take the documents and upload them somewhere else as it does not recognize the effort in obtaining and assembling this collection ( a key point). It should be recognized a number of people do feel (justifiably) hurt by this, this shouldn't be overlooked in judging the issues.
--Daniel
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