RE: Public Domain and liability
You do raise an interesting question. The answered may involve a fair use analysis but, I would be very careful about how I use a work accessed as a result of the works' "public record" or FOIA status. I doubt that all of the documents you may obtain in a carefully constructed FOIA request could be further redistributed without the pertinent permissions. One consideration is that a FOIA request may lead to documents in government records that were not created by the government. While a work provided under a FOIA request and a public domain work created by a government employee (let's say Federal worker to keep the example simple) may seem like a similar classification, in fact, they are quite different. A FOIA request could quite easily result in access to a work that is copyright protected depending on what is in the file that is the object of the request. Rod Dixon Visiting Assistant Professor of Law Rutgers University Law School - Camden www.cyberspaces.org [EMAIL PROTECTED] > -Original Message- > From: Seth David Schoen [mailto:[EMAIL PROTECTED]]On Behalf Of Seth David > Schoen > Sent: Monday, August 14, 2000 8:40 PM > To: License Discuss > Subject: Re: Public Domain and liability > > > Rod Dixon, J.D., LL.M. writes: > > > I think it may be a very good idea. In fact, some states are > developing free > > software...especially state-run universities. It's fairly > well-known that > > the contributions of the Univeristy of Illinois and UC-Berkeley are > > significant in regards to Internet software. > > > > States, of course, will not give away all (or even most) of their > > intellectual property, but I think some have made significant > contributions > > as a result of the software development projects at universities, which > > often are sponsored by Federal grants. > > There's some interesting argument going on these days, too, because > under some state public records laws, software developed by a state > (not necessarily by a contractor or vendor) will be a public record, > so that anybody may request a copy. (Some contractors are kind of > scared about that, too. Remember that the ACLU recently made a very > high-profile Federal FOIA request for the source code of the FBI's > extremely secret Carnivore software. There are some law enforcement > exceptions in the FOIA, so the FBI might not have to comply, but in > general, it seems both Federal and state agencies would have to turn > over most source code to most of their software, on request.) > > It's pretty clear that states can hold patents, but public records > laws might severely limit their ability to use copyrights to control > use of their original works. > > I once made a joke about requesting copies of all the work of a friend > who works for a state government, but it's actually quite possible, in > general. So what happens if someone tries to redistribute works of > authorship which are matters of public record? How about derivation > and sublicensing? > > -- > Seth David Schoen <[EMAIL PROTECTED]> | And do not say, I will > study when I > Temp. http://www.loyalty.org/~schoen/ | have leisure; for > perhaps you will > down: http://www.loyalty.org/ (CAF) | not have leisure. -- > Pirke Avot 2:5 >
Re: Public Domain and liability
Rod Dixon, J.D., LL.M. writes: > I think it may be a very good idea. In fact, some states are developing free > software...especially state-run universities. It's fairly well-known that > the contributions of the Univeristy of Illinois and UC-Berkeley are > significant in regards to Internet software. > > States, of course, will not give away all (or even most) of their > intellectual property, but I think some have made significant contributions > as a result of the software development projects at universities, which > often are sponsored by Federal grants. There's some interesting argument going on these days, too, because under some state public records laws, software developed by a state (not necessarily by a contractor or vendor) will be a public record, so that anybody may request a copy. (Some contractors are kind of scared about that, too. Remember that the ACLU recently made a very high-profile Federal FOIA request for the source code of the FBI's extremely secret Carnivore software. There are some law enforcement exceptions in the FOIA, so the FBI might not have to comply, but in general, it seems both Federal and state agencies would have to turn over most source code to most of their software, on request.) It's pretty clear that states can hold patents, but public records laws might severely limit their ability to use copyrights to control use of their original works. I once made a joke about requesting copies of all the work of a friend who works for a state government, but it's actually quite possible, in general. So what happens if someone tries to redistribute works of authorship which are matters of public record? How about derivation and sublicensing? -- Seth David Schoen <[EMAIL PROTECTED]> | And do not say, I will study when I Temp. http://www.loyalty.org/~schoen/ | have leisure; for perhaps you will down: http://www.loyalty.org/ (CAF) | not have leisure. -- Pirke Avot 2:5
Re: List of Licenses -- as of 8-14-00
[list of submitted licenses] > * ATT Graphviz: not posted? I believe this is the same as the following: > * ATT Source Code Agreement Version 1.2D: > http://www.research.att.com/sw/tools/graphviz/license/ > * ATT graphviz Binary Software Agreement: > http://www.research.att.com/sw/tools/graphviz/license/binary.html This one is obviously not an open source license, as it refers to a binary only distribution. I believe "ATT" should read "AT&T".
List of Licenses -- as of 8-14-00
To all OSI license reviewers: Thanks to those of you who submitted updated URLs or corrections for your licenses. Listed below are all the licenses approved by OSI and all the licenses I'm aware of that have been submitted to OSI for its approval. Please let me know if there are any changes, additions or deletions to these lists. /Larry Rosen Executive Director, OSI 650-366-3457 [EMAIL PROTECTED] LIST OF APPROVED LICENSES FOLLOWS * GNU General Public License: http://www.opensource.org/licenses/gpl-license.html * GNU Library or 'Lesser" Public License: http://www.opensource.org/licenses/lgpl-license.html * BSD License: http://www.opensource.org/licenses/bsd-license.html * MIT License: http://www.opensource.org/licenses/mit-license.html * Artistic License: http://www.opensource.org/licenses/artistic-license.html * Mozilla Public License v. 1.0: http://www.mozilla.org/MPL/MPL-1.0.html * Qt Public License: http://www.trolltech.com/products/download/freelicense/ * IBM Public License v. 1.0: http://www.research.ibm.com/jikes/license/license3.htm * MITRE Collaborative Virtual Workspace (CVW) License: http://cvw.mitre.org/cvw/licenses/source/license.html * Ricoh Source Code Public License: http://www.risource.org/RPL/RPL-1.0A.shtml * Python License: http://www.python.org/doc/Copyright.html * zlib/libpng License: http://www.opensource.org/licenses/zlib-license.html * Apache Software License: http://www.apache.org/LICENSE LIST OF SUBMITTED LICENSES FOLLOWS * Apple Public Source License: http://publicsource.apple.com/apsl * SGI OpenVault Public License: www.sgi.com/software/opensource/openvault/license.html * XML4C Distribution License Agreement: (in email on license-discuss) * YAOSL (Foobar Softwware, Inc.): (in email on license-discuss) * MeepZor Consulting Public License: www.meepzor.com/packages/LICENSE.txt * XXX Public License: (in email on license-discuss) * XITE: not posted? * ATT Graphviz: not posted? * IBM Public License: (in email on license-discuss) * Zeratec Public License: (in email on license-discuss) * Larson CGM Generator Free Edition License: (in email on license-discuss) * ATT Source Code Agreement Version 1.2D: http://www.research.att.com/sw/tools/graphviz/license/ * ATT graphviz Binary Software Agreement: http://www.research.att.com/sw/tools/graphviz/license/binary.html * SOS Simple Open Source License: (in email on license-discuss) * Integrity Open Source License: (in email on license-discuss) * OpenDesk.com Public Source License: (in email on license-discuss) * 3dfx GLIDE Source Code General Public License: (in email on license-discuss) * WinGrid Free Public License: (in email on license-discuss) * Kennedy Open License (KOL): (in email on license-discuss) * Simple Public License v0.20: http://shimari.com/SPL/ * Chebucto Suite License Agreement: (in email on license-discuss) * SGI Free Software License B: http://russnelson.com/SGIFreeSWLicB_1_1.html * Eiffel Forum License: (in email on license-discuss) * Sun Internet Standards Source License (SISSL): http://openoffice.org/project/www/sissl_license.html * Jabber Open Source License: http://www.rosenlaw.com/html/Jabber.PDF * Design Science License: (in email on license-discuss) * Alternate Route Open Source License (AROSL): (in email on license-discuss) * Alternate Route Library Open Source License (ARLOSL): (in email on license-discuss) * Frontier Artistic License: http://spinwardstars.com/frontier/fal.html * simpleLinux Open Documentation License: http://simplelinux.sourceforge.net/legal/sLODL.html * The Dave License (Free User License): http://www.geocities.com/powerthedave/license.html * Open Compatibility License: (in email on license-discuss)
Open Source Trademark Application
Thank you for bringing the "Open Source" trademark application to OSI's attention. I will take steps to challenge this intent-to-use trademark application. If there are any lawyers representing other organizations who read this email and want to cooperate with OSI on this objection to the PTO, please contact me directly. Please note that OSI already uses the following as a common law certification mark: OSI Certified Open Source Software OSI has already applied to the PTO for registration that certification mark. This certification mark can be applied to any software distributed using an OSI-approved open source license. /Larry Rosen Executive Director and General Counsel, OSI 650-366-3457 [EMAIL PROTECTED]
