On 25/07/11 10:39, Simon Cropper wrote:
Cameron,

Here are my comments on the text on the page you provided a link to...
http://adhoc.osgeo.osuosl.org/livedvd/docs/en/copyright.html

<sniped my text>
Software on OSGeo-Live is available under various Open Source
licenses, as described on project websites, and copied into the
Project Overviews.

It is unclear what you are trying to say here. Is the software copied into the project overview? I think you mean that content available on the various project websites have been used in the preparation of the Project Overviews (presumably the source documents are appropriately licensed for this to occur or permission has been obtained from the original authors as described is the post http://lists.osgeo.org/pipermail/live-demo/2011-July/003766.html)

ok, I've simplified the text to:
Software on OSGeo-Live is available under various Open Source licenses, as listed in the Project Overviews.


Data on OSGeo-Live is available under various Open Licences.

Attributing OSGeo-Live Documentation¶

Strictly speaking this is not related to copyright. maybe you should call this webpage 'legal issues' and break the content up into (a) software, (b) data, (c) documentation.

Thanks for this advice, but I think I'll keep page name as "copyright.html"
For simplicity and usability, I'd like to keep all this related information on the same page, and I'd like to keep the page titled with the most important part of the page, which is the copyright.


As per the terms of the Creative Commons license, if you include
OSGeo-Live documentation into a new document, you will need to
attribute the authors using text similar to:

This document includes [Project Overviews and/or Quickstarts] from
the OSGeo-Live project which is created by OSGeo-Live authors, as
listed under Documentation Authors.

I would prefer...
This document includes [extent: all/part] of the [Project Overview and/or Quickstart] titled "[document title]" created by [author] and released under the [licence: CC-BY/CC-BY-SA] licence [URL to Legal Code]. The source document forms part of the "[document series]", available from [url] and downloaded on [download date].

When part of the document is used, an additional statement must be include similar to...
1. The original work has been modified [describe how work has
   been changed], or
2. The original work was translated from English to [language]

So, as an example...
This document includes all of the Quickstart titled "gvSIG Quickstart" created by Simon Cropper and released under the Creative Commons Attribution-ShareAlike 3.0 Unported licence (http://creativecommons.org/licenses/by-sa/3.0/legalcode). The source document forms part of the "OSGeo-Live Project, version 5.0", available from http://adhoc.osgeo.osuosl.org/livedvd/docs/en/quickstart/gvsig_quickstart.html and downloaded on 25 July 2011. The original work was translated from English to Deutch.

Simon,
I agree that the above text is an appropriate way to attribute an author in a large 100 page essay where there is space for a few pages of references.
However, many OSGeo-Live derivatives will be for short marketing type documents like Project Overviews, where every word counts. Documents with lots of words are less likely to be read, which is contrary to the goals of OSGeo-Live. As such, I'm aiming to provide derivative authors the option to use concise versions of attribution which fit within the types of documents they are creating.

What I've done is provided 4 options for attributing OSGeo-Live docs. It includes a verbose option based on your words, then 3 other concise options.

Verbose, suitable for a 100 page thesis:

CC-By-SA-med This document includes content from the “gvSIG Quickstart” created by Simon Cropper under the Creative Commons Attribution-ShareAlike 3.0 Unported licence, http://creativecommons.org/licenses/by-sa/3.0/ available from the OSGeo-Live project, http://live.osgeo.org/en/quickstart/gvsig_quickstart.html, and downloaded on 25 July 2011. The original work was translated from English to German.

Concise CC-By-SA and attribution:

© 2011 [Your Name] under a CC By SA License. [Derived from|Includes|Extends] OSGeo-Live documentation by OSGeo-Live contributors.

Alternative Concise CC-By and attribution:

CC-By-small © 2011 [Your Name]. [Derived from|Includes|Extends] OSGeo-Live Project Overviews by OSGeo-Live contributors.

Minimum (for Project Overviews), attribution only:

This document includes OSGeo-Live Project Overviews by OSGeo-Live contributors.





Note: If Quickstarts are included, which are licenced under the `CC
By-SA <http://creativecommons.org/licenses/by-sa/3.0/>`_ license,
then the new document will also need to be licenced under the
 `CC By-SA <http://creativecommons.org/licenses/by-sa/3.0/>`_.

Note that the RST markup has not been converted to HTML.
Fixed now.

Documentation Authors¶

The table below credits the creators for each of the documents on
OSGeo-Live .

TBD: Insert a table which includes:
Now populated with data extracted from the Project Overviews and Quickstarts.


Document, License(s), List of Authors and/or owners

Here we differ again in the interpretation of the legal code. I personally think that the names of an author should be displayed at the top of every document they create, with the appropriate license clearly shown.

For example, at the top of the "gvSIG Quickstart", I would expect to see immediately after the title...

Content and Screen Dumps on this page created by (c) Simon Cropper 2011, Creative Commons - Attribution - ShareAlike with URL to the appropriate license deed.

At the bottom of the page, I would expect to see something like...

OSGeo Live Project website, logos and associated images not attributed to particular authors were created by the LiveDVD Team and are released under the license CC-BY [URL] licence. (c) OSGeo Foundation and LISASoft 2011 [URL to copyright page].

As per comment above, for this type of marketing material I'm aiming to make the docs as concise as possible.
I've provided a "Copyright & Disclaimer" link at the bottom of the page which links to this copyright.html page


Disclaimer¶

The contents of OSGeo-Live are provided by the copyright holders and
contributors “as is” and any express or implied warranties,
including, but not limited to, the implied warranties of the
merchantability and fitness for a particular purpose are disclaimed.
In no event shall the copyright owner or contributors be liable for
any direct, indirect, incidental, special, exemplary, or
consequential damages (including, but not limited to, procurement of
substitute goods or services; loss of use, date, or profits; or
business interruption) however caused and on any theory of liability,
whether in contract, strict liablity, or tort (including negligence
or otherwise) arising in any way out of the use of this software,
even if advised of the possibility of such damage.

This is redundant as it is clearly expressed in Clause 5 & 6 of the CC-BY and CC-BY-SA licenses.

This disclaimer is required in order to cover the software and data on OSGeo-Live.

You should avoid creating multiple versions of these disclaimers as they can readily become out of sync.
Noted, but I think in this case, both disclaimers will cover any gaps of the other (rather than create a loophole as you suggest).
Ie, we AND the licenses, rather than OR.


If you want something, maybe text like...

As defined in the Clause 5 & 6 of the legal code of the CC-BY and CC-BY-SA 3.0 unported licences the following representations, warranties, disclaimer and limitation on liability apply. If there are any discrepancies between this page and the original legal code, the legal code takes precedence.

5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



-- 
Cameron Shorter
Geospatial Director
Tel: +61 (0)2 8570 5050
Mob: +61 (0)419 142 254

Think Globally, Fix Locally
Geospatial Solutions enhanced with Open Standards and Open Source
http://www.lisasoft.com
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