Re: [Hardhats-members] Wiki -- who owns the content?

2006-03-14 Thread Kevin Toppenberg
My understanding of copyright law (limited) was that if one expects
something to be protected by copyright, then one has to inform
potential viewers/readers/listeners.  Otherwise they may not know to
protect your content.  Thus without a (c) attached, then one could not
come back and claim infringement.

Thus I thought that the default was NO copyright.  You are saying the
default IS copyright.  Perhaps this is the blind arguing with the
blind... :-)

Kevin


On 3/13/06, Richard Schilling [EMAIL PROTECTED] wrote:
 Ownership of postings, like an open source applicaion itself
 automatically belongs to the author(s) - UNLESS the terms of usage on
 the Wiki state that all postings become property of the Wiki maintainer.

 Perhaps a terms of use statement should be created for that Wiki.

 The open source license used to disemminate the posting doesn't actually
 affect ownership - it signifies that the owner has guaranteed the
 posting can be distributed without compensating him/her.

 The concepts of ownership and distribution licenses are oft confused :-)

 And I wouldn't rely on Google or anyone else keeping a permanent archive
 either

 Richard Schilling


 Bhaskar, KS wrote:
  No, it doesn't.  But I was only speaking to the concern voiced in your
  post that I replied to.
 
  -- Bhaskar
 
  On Thu, 2006-03-09 at 16:07 -0600, Dan wrote:
 
 That really doesn't resolve the ownership issue though, does it?
 
 
 
 
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Re: [Hardhats-members] Wiki -- who owns the content?

2006-03-14 Thread Bill Walton
Hi Kevin,

You're pretty close.  As Richard notes, Copyright and protection under the
Copyright law are two separate, but obviously related, things.

Under US copyright law, the author of a work owns that work.  Period.  The
word copyright means what it says.  It denotes the right to copy a work.
Unless that right is explicitly transferred by the author to someone else,
the author is the only one that has that right.  Small portions of a work
*can* be copied as long as attribution to the author / owner is provided.

If however, the owner wants to _protect and defend her rights to_ that work,
then the owner must give notice.  And the (c) (or the word copyright) is not
sufficient.  The notice must also contain the name of the entity claiming
ownership and the date when ownership is claimed.  So you must supply a
notice like copyright 2006, Bill Walton.  The notice allows persons
wishing to cite / use the work to whom to attribute it / ask for permission
to use it.  The amount of a work being used dictates whether you can just
provide attribution (as when quoting a sentence or two)  or you have to get
the author's permission (as when you want to compile a book of short
stories)  If you don't give others the ability to comply with the law, then
you can't claim protection under it.

Copyright law applies to all written works.  It also applies to a work
independent of form.  Music, for example, is protected under Copyright law.
The protection is based on the existence of sheet music, but applies to the
performance as well.  Same is true for audio books.

So you're both right on different but related topics.  Richard is right in
that the ownership 'default' is copyright.  You are right in that the
'default' is no copyright *protection*.  If you want to stay clear of the
kind of crap going on with SCO and Linux, follow Richard's advice.

Best regards,
Bill
- Original Message -
From: Kevin Toppenberg [EMAIL PROTECTED]
To: hardhats-members@lists.sourceforge.net
Sent: 2006-03-14 12:12 PM
Subject: Re: [Hardhats-members] Wiki -- who owns the content?


My understanding of copyright law (limited) was that if one expects
something to be protected by copyright, then one has to inform
potential viewers/readers/listeners.  Otherwise they may not know to
protect your content.  Thus without a (c) attached, then one could not
come back and claim infringement.

Thus I thought that the default was NO copyright.  You are saying the
default IS copyright.  Perhaps this is the blind arguing with the
blind... :-)

Kevin


On 3/13/06, Richard Schilling [EMAIL PROTECTED] wrote:
 Ownership of postings, like an open source applicaion itself
 automatically belongs to the author(s) - UNLESS the terms of usage on
 the Wiki state that all postings become property of the Wiki maintainer.

 Perhaps a terms of use statement should be created for that Wiki.

 The open source license used to disemminate the posting doesn't actually
 affect ownership - it signifies that the owner has guaranteed the
 posting can be distributed without compensating him/her.

 The concepts of ownership and distribution licenses are oft confused :-)

 And I wouldn't rely on Google or anyone else keeping a permanent archive
 either

 Richard Schilling


 Bhaskar, KS wrote:
  No, it doesn't.  But I was only speaking to the concern voiced in your
  post that I replied to.
 
  -- Bhaskar
 
  On Thu, 2006-03-09 at 16:07 -0600, Dan wrote:
 
 That really doesn't resolve the ownership issue though, does it?
 
 
 
 
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Re: [Hardhats-members] Wiki -- who owns the content?

2006-03-14 Thread Kevin Toppenberg
On 3/14/06, Bill Walton [EMAIL PROTECTED] wrote:
 Hi Kevin,

 You're pretty close.  As Richard notes, Copyright and protection under the
 Copyright law are two separate, but obviously related, things...

Excellent writeup.  Thanks
Kevin


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Re: [Hardhats-members] Wiki -- who owns the content?

2006-03-13 Thread Richard Schilling
Ownership of postings, like an open source applicaion itself 
automatically belongs to the author(s) - UNLESS the terms of usage on 
the Wiki state that all postings become property of the Wiki maintainer.


Perhaps a terms of use statement should be created for that Wiki.

The open source license used to disemminate the posting doesn't actually 
affect ownership - it signifies that the owner has guaranteed the 
posting can be distributed without compensating him/her.


The concepts of ownership and distribution licenses are oft confused :-)

And I wouldn't rely on Google or anyone else keeping a permanent archive 
either


Richard Schilling


Bhaskar, KS wrote:

No, it doesn't.  But I was only speaking to the concern voiced in your
post that I replied to.

-- Bhaskar

On Thu, 2006-03-09 at 16:07 -0600, Dan wrote:


That really doesn't resolve the ownership issue though, does it?





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Re: [Hardhats-members] Wiki -- who owns the content?

2006-03-09 Thread Kevin Toppenberg
That page #2137 is mine, and you better keep your hands off it!

(Obviously I am just kidding).

I think it would be hard to argue that something posted on the
internet is protected unless each page posts a copyright on it.

Perhaps someone, such as yourself, wants to copy the content of the
wikki for commercial purpose.  I would see that in bad taste, but it
would be essentially impossible for pursuing a copyright violation.  I
say this as someone who has put many hours of preparation into pages
stored there.

Kevin


On 3/9/06, Dan [EMAIL PROTECTED] wrote:
 Hate to bring a legal matter to light, but what is the legal standing of
 the user-contributed wiki entries?  That is, does the contributor have
 perpetual full rights or does the user-contributed content belong to the
 organization?  Is the content/database jointly owned in full or owned by
 only one company/organization?



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Re: [Hardhats-members] Wiki -- who owns the content?

2006-03-09 Thread Dan
Actually, I'm more concerned to what happens to the content if WorldVistA 
splits up, goes away,  management change, etc..



At 02:41 PM 3/9/2006, Kevin wrote:

That page #2137 is mine, and you better keep your hands off it!

(Obviously I am just kidding).

I think it would be hard to argue that something posted on the
internet is protected unless each page posts a copyright on it.

Perhaps someone, such as yourself, wants to copy the content of the
wikki for commercial purpose.  I would see that in bad taste, but it
would be essentially impossible for pursuing a copyright violation.  I
say this as someone who has put many hours of preparation into pages
stored there.

Kevin


On 3/9/06, Dan [EMAIL PROTECTED] wrote:
 Hate to bring a legal matter to light, but what is the legal standing of
 the user-contributed wiki entries?  That is, does the contributor have
 perpetual full rights or does the user-contributed content belong to the
 organization?  Is the content/database jointly owned in full or owned by
 only one company/organization?



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Re: [Hardhats-members] Wiki -- who owns the content?

2006-03-09 Thread Nancy Anthracite
I would not loose any sleep over that.  You are talking about a group of 
volunteers who have kept at it through thick and mostly, very, very, thin, so 
I don't think the content will disappear.  It may be a bit slow in getting 
fixed, or appear in a different format, but it won't disappear.  

On Thursday 09 March 2006 15:24, Dan wrote:
Actually, I'm more concerned to what happens to the content if WorldVistA
splits up, goes away,  management change, etc..

At 02:41 PM 3/9/2006, Kevin wrote:
That page #2137 is mine, and you better keep your hands off it!

(Obviously I am just kidding).

I think it would be hard to argue that something posted on the
internet is protected unless each page posts a copyright on it.

Perhaps someone, such as yourself, wants to copy the content of the
wikki for commercial purpose.  I would see that in bad taste, but it
would be essentially impossible for pursuing a copyright violation.  I
say this as someone who has put many hours of preparation into pages
stored there.

Kevin

On 3/9/06, Dan [EMAIL PROTECTED] wrote:
  Hate to bring a legal matter to light, but what is the legal standing of
  the user-contributed wiki entries?  That is, does the contributor have
  perpetual full rights or does the user-contributed content belong to the
  organization?  Is the content/database jointly owned in full or owned by
  only one company/organization?
 
 
 
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-- 
Nancy Anthracite


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Re: [Hardhats-members] Wiki -- who owns the content?

2006-03-09 Thread Joseph Dal Molin
In a nutshell, the content just like the software is open 
sourcewhich means there are no IP issues standing in the way of the 
software or content outliving the organizations etc. that have had a 
hand in developing or making it available for the benefit of others.


Cheers,

Joseph

Dan wrote:
Actually, I'm more concerned to what happens to the content if 
WorldVistA splits up, goes away,  management change, etc..



At 02:41 PM 3/9/2006, Kevin wrote:


That page #2137 is mine, and you better keep your hands off it!



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Re: [Hardhats-members] Wiki -- who owns the content?

2006-03-09 Thread Bhaskar, KS
If WorldVistA splits up, goes away, management changes, people get sick,
whatever, there are always the Google archive (http://google.com) and
the wayback machine (http://archive.org).  Other search engines may also
have their stashed copies of web pages.

Now, if Earth were to get hit by an asteroid or if Yellowstone were to
erupt again, there might be a bit of a problem until we build a data
archival site that is out of this world!  But I suppose VistA
documentation may not be high on our list of priorities were such a
disaster to happen.

-- Bhaskar

On Thu, 2006-03-09 at 14:24 -0600, Dan wrote:
 Actually, I'm more concerned to what happens to the content if
 WorldVistA  
 splits up, goes away,  management change, etc..


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Re: [Hardhats-members] Wiki -- who owns the content?

2006-03-09 Thread Dan

That really doesn't resolve the ownership issue though, does it?

At 04:39 PM 3/9/2006, Bhaskar wrote:

If WorldVistA splits up, goes away, management changes, people get sick,
whatever, there are always the Google archive (http://google.com) and
the wayback machine (http://archive.org).  Other search engines may also
have their stashed copies of web pages.

Now, if Earth were to get hit by an asteroid or if Yellowstone were to
erupt again, there might be a bit of a problem until we build a data
archival site that is out of this world!  But I suppose VistA
documentation may not be high on our list of priorities were such a
disaster to happen.

-- Bhaskar

On Thu, 2006-03-09 at 14:24 -0600, Dan wrote:
 Actually, I'm more concerned to what happens to the content if
 WorldVistA
 splits up, goes away,  management change, etc..




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Re: [Hardhats-members] Wiki -- who owns the content?

2006-03-09 Thread Bhaskar, KS
No, it doesn't.  But I was only speaking to the concern voiced in your
post that I replied to.

-- Bhaskar

On Thu, 2006-03-09 at 16:07 -0600, Dan wrote:
 That really doesn't resolve the ownership issue though, does it?



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