Re: request-tracker3: license shadiness

2004-07-05 Thread Anthony DeRobertis
On Fri, Jul 02, 2004 at 09:24:50AM +0100, Andrew Stribblehill wrote:
 Regarding the concept of taking the copyright of code: it's what the
 FSF have been doing since 1992 with Emacs. The difference here is
 that if you feel strongly about it, you get to keep your copyright.

The FSF asks contributers to sign a copyright assignment. You don't have
to, and it's not at all a condition of the GPL on emacs. It's just that
the FSF won't integrate your patches without one.

I assume Best Practical wants to do something similar, and it's just
coming across wrong.



Re: xinetd license possibly violates DFSG #4

2004-07-05 Thread Anthony DeRobertis
On Sat, Jul 03, 2004 at 07:12:51AM -0500, Andreas Metzler wrote:
 I do not consider this to go much further than that. The intention is
 imho the one DFSG4 tries to carter for. The author wants:
 a) derivatives being detectable as such.
 b) derivatives have to keep out of xinetd's namespace. He wants to
 forbid a derivative being numbered as xinetd 2.3.15, taking away the
 official version number.

If he wants that, the requirement needs to be waived if the work isn't
called 'xinetd'. That'd be DFSG-free.



Re: Copyright on 'non-creative' data?

2004-07-05 Thread Arnoud Engelfriet
tom wrote:
 In UE we have a directive on database, and it says that there's not
 copyright on database but there's a new IP right called sui generis. The
 difference is that it covers less rights than copyright (remember in the
 european version e.g. droit d'auter) and for less time.

The EU database directive does say that databases are protected
by copyright - *if* there's creative expression in the selection
or arrangement of the elements. So my Top 10 pop songs of 2002
list is a database protected by copyright. 

The sui generis database right is indeed separate. It requires
that there was a substantial investment made to create the
database. 

 But take care, 'cause i think that in usa you have a doctrine called
 sweet of the brow which says that a non creative work may has copyright
 just for the colletting activity. It'amezing but i red about it. I'm not
 specialized in us law so others may know much more

The 'sweat of the brow' doctrine was rejected in _Feist_, and
this Supreme Court decision also said that collections of facts
must be the result of creative expression. I think this is in
line with the EU database directive. 

Right now US producers cannot claim sui generis database rights
in Europe. Their home country does not offer similar protection
for European producers, and that's a requirement of the directive.

Also see
http://www.iusmentis.com/databases/

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/



Re: CC-based proposal (was FDL: no news?)

2004-07-05 Thread Evan Prodromou
On Mon, 2004-07-05 at 19:08, MJ Ray wrote:

 Numerous people have tried many angles. More are welcome, as we 
 clearly haven't found the correct approach yet.

So, I'd like to write a draft summary for the 6 Creative Commons 2.0
licenses:

http://creativecommons.org/licenses/

Four of them (with NonCommercial or NoDerivatives elements) are clearly
not intended to be DSFG-free. It seems to the untrained eye that the
other two (Attribution and Attribution-ShareAlike) are. The problems we
have with these licenses are more or less ones of clarity and wording
rather than intention.

We could hand this over to Creative Commons with some suggested changes,
as well as some information about our project and why having works be
DFSG-free is important.

~ESP
-- 
Evan Prodromou [EMAIL PROTECTED]


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Re: Copyright/License of Debian Constitution

2004-07-05 Thread Zenaan Harkness
Can you guys on d-l please comment. I think CCing Dwayne would be a
suitable thing too.

Thanks
Zenaan

On Mon, 2004-07-05 at 14:22, Dwayne C. Litzenberger wrote:
 I'm not sure if this is the right list to ask on, but what's the 
 copyright/license status of the Debian Constitution?
 
   http://www.debian.org/devel/constitution
 
 I'm heading up changes to the constitution of a local non-profit member 
 organization, and I want to adapt the Standard Resolution Procedure for our 
 purposes.



Re: Copyright/License of Debian Constitution

2004-07-05 Thread Josh Triplett
Zenaan Harkness wrote:
 On Mon, 2004-07-05 at 14:22, Dwayne C. Litzenberger wrote:
I'm not sure if this is the right list to ask on, but what's the 
copyright/license status of the Debian Constitution?

  http://www.debian.org/devel/constitution

I'm heading up changes to the constitution of a local non-profit member 
organization, and I want to adapt the Standard Resolution Procedure for our 
purposes.

As far as I know, the Debian Constitution is under the same license as
the Debian website: the Open Publication License, version 1.0 or later.
 See http://www.debian.org/license .  This really needs to be changed to
another license, though, since the Open Publication License is non-free.
 (See http://www.debian.org/legal/licenses/dls-005-opl .)

- Josh Triplett


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Re: Copyright/License of Debian Constitution (parts 2-3)

2004-07-05 Thread Zenaan Harkness
Here is the relevant replies on debian-user.

On Tue, 2004-07-06 at 04:55, Travis Crump wrote: 
 John Hasler wrote:
  Dwayne C. Litzenberger writes:
  
 I'm not sure if this is the right list to ask on, but what's the
 copyright/license status of the Debian Constitution?
 
 http://www.debian.org/devel/constitution
 
 I'm heading up changes to the constitution of a local non-profit member
 organization, and I want to adapt the Standard Resolution Procedure for our
 purposes.
  
  
  The procedure is an idea and so not protected by copyright.  Just reword it.
 
 a) Go try and 'reword' a book and try to pass it off as your own.
 b) It is a legal document and consequently not necessarily trivial to 
 reword in much the same way that it is generally discouraged for people 
 to try to 'reword' the GPL into their own license.



Re: Copyright/License of Debian Constitution (parts 2-3)

2004-07-05 Thread Raul Miller
On Tue, Jul 06, 2004 at 06:40:08AM +1000, Zenaan Harkness wrote:
  a) Go try and 'reword' a book and try to pass it off as your own.

In a sense, this is what the GNU project is all about.

   Stealing from one source is plagiarism, stealing from many sources
is research.

Copyright is not intended to protect outcomes.

-- 
Raul



Re: Copyright on 'non-creative' data?

2004-07-05 Thread Florian Weimer
* Jacobo Tarrio:

 O Domingo,  4 de Xullo de 2004 ás 20:54:48 +0100, Andrew Suffield escribía:

 They may be covered by database property laws in some jurisdictions.

  ... which are not Copyright or Intellectual Property laws [...]

Wrong for Germany.  Our analogue of copyright law does cover
databases.



Re: Copyright on 'non-creative' data?

2004-07-05 Thread Matthew Palmer
On Tue, Jul 06, 2004 at 05:35:12AM +0200, Florian Weimer wrote:
 * Jacobo Tarrio:
 
  O Domingo,  4 de Xullo de 2004 ?s 20:54:48 +0100, Andrew Suffield escrib?a:
 
  They may be covered by database property laws in some jurisdictions.
 
   ... which are not Copyright or Intellectual Property laws [...]
 
 Wrong for Germany.  Our analogue of copyright law does cover
 databases.

Mechanical compilations, as well as those requiring creative effort?

- Matt