Re: [talk-au] Can't see the facts for the FUD

2009-12-07 Thread Liz
On Mon, 7 Dec 2009, John Smith wrote:
 So to me, the devil is in the details and I think we need to try and
 get our own legal advice on how it will effect us in Australia because
 so far they have had 5 legal opinions, but only for the UK and the US.

and we are not in a position to agree to a change without am opinion by a 
lawyer on our lawyer, not a licence working group member's opinion on our law.

James has been pointing out that the Feds, who can afford good lawyers, find 
CC-by-Sa and CC-by as quite satisfactory in Australia.



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Re: [talk-au] Can't see the facts for the FUD

2009-12-07 Thread Liz
On Mon, 7 Dec 2009, Liz wrote:
 and we are not in a position to agree to a change without am opinion by a
 lawyer on our lawyer, not a licence working group member's opinion on our
 law.

 James has been pointing out that the Feds, who can afford good lawyers,
 find CC-by-Sa and CC-by as quite satisfactory in Australia.
Lets try again
we are not in a position to agree without an opinion by a lawyer, on our laws.


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Re: [talk-au] Can't see the facts for the FUD

2009-12-07 Thread John Smith
2009/12/7 Liz ed...@billiau.net:
 and we are not in a position to agree to a change without am opinion by a
 lawyer on our lawyer, not a licence working group member's opinion on our law.

I agree, but I don't have any legal resources at my disposal, although
the OSGeo guys might.

 James has been pointing out that the Feds, who can afford good lawyers, find
 CC-by-Sa and CC-by as quite satisfactory in Australia.

As far as I can gather CC-BY-SA most likely won't work in the US, so I
can only guess that this whole issue is to fix the US problem and a
potential issue with streaming data that has only been shown in theory
and not in any court.

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Re: [talk-au] Can't see the facts for the FUD

2009-12-07 Thread James Livingston
On 07/12/2009, at 7:29 PM, John Smith wrote:
 2009/12/7 Liz ed...@billiau.net:
 James has been pointing out that the Feds, who can afford good lawyers, find
 CC-by-Sa and CC-by as quite satisfactory in Australia.
 
 As far as I can gather CC-BY-SA most likely won't work in the US, so I
 can only guess that this whole issue is to fix the US problem and a
 potential issue with streaming data that has only been shown in theory
 and not in any court.

The US isn't the only place without copyright on data. Indeed Australia doesn't 
have that, it's just we have copyright on databases of non-copyrightable stuff 
(which isn't at all the same as EU database rights). Most of what I was trying 
to point out was that 1) CC-BY-SA isn't broken everywhere, and 2) the High 
Court's IceTV decision (as I understand it) overturns a lot less of Desktop 
Marketing than most people think.

The HC didn't rule on whether factual data is copyrightable, in fact it 
explicitly said it wasn't ruling on that due to IceTV's lawyers inadvertently 
telling the court that the TV guide was copyrightable, so precluding the court 
from having to decide that. What it ruled on was the definition of 
substantial in reference to the copyright of a database.


I understand that CC-BY-SA doesn't work for databases of factual data in some 
jurisdictions (e.g. the US), it's just that I'm not too sure about the ODbL, 
and think the contributor terms will prevent us from using data that gets 
released under ODbL, or the stuff our government is now releasing under 
CC-BY(-SA).

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Re: [talk-au] Can't see the facts for the FUD

2009-12-07 Thread Steve Bennett
I came across this today*, if it is of any interest:

http://www.ands.org.au/guides/cc-and-data.html

Steve
* At work. Legitimately work related!
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Re: [talk-au] Can't see the facts for the FUD

2009-12-07 Thread Liz
On Mon, 7 Dec 2009, Steve Bennett wrote:
 I came across this today*, if it is of any interest:

 http://www.ands.org.au/guides/cc-and-data.html

 Steve
 * At work. Legitimately work related!

well it is of interest
the whole collection is protected under the Australian version (in Australia I 
presume) of CC
individual parts are not as they are 'facts'
so then we would return to the definition of 'substantial' when it comes to 
copyright over a part of the database reused somewhere else



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