Re: [tw] Re: TW proselytism

2015-01-08 Thread Birthe C
Hi Tobias,
That will be decided by the court. To defend your copyright, you would have 
to sue.


Birthe


 if things should ever get rough, there is that implicit right you say one 
can refer to... albeit with an obligation of proof on either side, I 
presume.
>
>
> Best wishes, Tobias.
>

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Re: [tw] Re: TW proselytism

2015-01-08 Thread Tobias Beer
Hi Eric,
 

> Regardless of what you "feel" copyright is (or should be)... there are 
> specific long-established laws... and you mostly have it backwards.  It is 
> NOT neccesary for an creator to explicitly declare copyright.  Copyright 
> exists from the moment the materials are *created*.  Those materials belong 
> to the author, and they have FULL RIGHTS to control what is done with it. 
>  Of course, copyright laws DO vary from country to country...
>

That sounds fine with me and it essentially means that there's even less of 
a reason to declare a copyright statement or define licensing conditions... 
since, if things should ever get rough, there is that implicit right you 
say one can refer to... albeit with an obligation of proof on either side, 
I presume.

Best wishes, Tobias.

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Re: [tw] Re: TW proselytism

2015-01-08 Thread Eric Shulman
On Wednesday, January 7, 2015 11:45:38 PM UTC-8, Tobias Beer wrote:
>
> Again, to me that is entirely a given unless I or anyone else explicitly 
> state — in a legally binding way — that that is not the case and that I am 
> a copyright holder indeed, exerting "intellectual property" rights. I never 
> do that as I don't support the general idea of "intellectual property" at 
> all, even if I was to try and monetize anything. That may be stupid, but 
> ok. It's rather about whether or not people wish to contribute, rather than 
> me trying to force them to.
>

Tobias,

Regardless of what you "feel" copyright is (or should be)... there are 
specific long-established laws... and you mostly have it backwards.  It is 
NOT neccesary for an creator to explicitly declare copyright.  Copyright 
exists from the moment the materials are *created*.  Those materials belong 
to the author, and they have FULL RIGHTS to control what is done with it. 
 Of course, copyright laws DO vary from country to country...

Here's the basics for US Copyright:
   http://copyright.gov/circs/circ1.pdf

and, even more important to TiddlyWiki, the Berne Convention -- established 
in 1886 -- defines the international standard for copyright law:
   http://en.wikipedia.org/wiki/Berne_Convention
and the WIPO Copyright Treaty of 1996, extends the Berne Convention to 
cover "computer programs" and "comilations of data"
   http://en.wikipedia.org/wiki/WIPO_Copyright_Treaty

Here's a relevant quote from the Berne writeup on Wikipedia

> Under the Convention, copyrights for creative works are automatically in 
> force upon their creation without being asserted or declared. An author 
> need not "register" or "apply for" a copyright in countries adhering to the 
> Convention. As soon as a work is "fixed", that is, written or recorded on 
> some physical medium, its author is automatically entitled to all 
> copyrights in the work and to any derivative works, unless and until the 
> author explicitly disclaims them or until the copyright expires. 


and the important part of the WIPO Treaty:

> Computer programs are protected as literary works within the meaning of 
> Article 2 of the Berne Convention. Such protection applies to computer 
> programs, whatever may be the mode or form of their expression.


-e
 


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Re: [tw] Re: TW proselytism

2015-01-07 Thread Tobias Beer
Hi Andrew,
 

> Am I supposed to do something so that my site is listed on Tiddlywiki.com 
> and so that other people can reuse or abuse my stuff? I always assumed it 
> was a given that if it was on a site created using Tiddlywiki or in an 
> email from a thread in the tiddlywiki google group that it was free.
>

And that's why I am not much of a friend of these debates. Perhaps that is 
a reason to show some license information: to give you a sense of security 
over whether or not it's ok to use and reuse, even commercialise whatever 
you may find, and to what degree. But: How would I know? Do I have to?

Again, to me that is entirely a given unless I or anyone else explicitly 
state — in a legally binding way — that that is not the case and that I am 
a copyright holder indeed, exerting "intellectual property" rights. I never 
do that as I don't support the general idea of "intellectual property" at 
all, even if I was to try and monetize anything. That may be stupid, but 
ok. It's rather about whether or not people wish to contribute, rather than 
me trying to force them to.

Sure, not declaring that licensing information may make it difficult to 
figure out if it's ok to reuse stuff as a visitor, but then you do see at 
every other site some unspecific copyright notice like *© MySite* whereas, 
chances are, that copyright does not mean much and certainly does not 
stretch to all you see on that site. With the scope of a copyright being 
entirely undeclared, it's really invalid, only giving an illusion that 
whatever you see is somehow protected.

Of course, for a project like TiddlyWiki itself — which might involve a 
range of legal implications whenever it's being used by someone — it's a 
wise thing to subscribe to a license and thus also give a user the security 
over what is allowed and how and what warranties come attached with that 
"product". But that is not so for just any content. Put to an extreme: I 
don't walk about the earth with a copyright notice to my every word.

So, here's my stance (and I'm not inclined to change it just yet): if you 
don't find a (prominently visible!) copyright notice or license, you're 
good to go. Period.

However, you could possibly, potentially, unknowingly be violating someone 
else's copyrights that the content provider was violating. But then, that 
is true for any content, whether it was given with an expressed license or 
not. Just to be clear, if someone asks me to respect their "intellectual 
property" I'm totally fine with that and gladly pass that on / respect it.

So, to cut that long story short: Please do use. If there ever was a moment 
when someone claimed a (restrictive) license to those taglines or the macro 
that shows them, then I think we may have gone down the wrong path. 
However, if the community decided that tagline X was to be something 
official, even protected, then that would also be fine... as the purpose of 
this macro, as you see it, is to cater precisely for that function of 
promoting tiddlywiki, so it wouldn't even be violating anything... unless 
someone came and also claimed that only TiddlyWiki was allowed to promote 
TiddlyWiki. Ah, so much fun. :D

Best wishes, Tobias.

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RE: [tw] Re: TW proselytism

2015-01-07 Thread andrew.j.harrison84
+1 Tobias, but my satirical question is can everyone use it? I know you signed 
the cla-individual.md just like me, but that is just for your contributions to 
tiddlywiki.com. I'm now questioning everything that the cat dragged in. Thank 
you Mario for waking me up so I don't get sued because of plagerizing everyones 
emails and code. Oh my. Am I supposed to do something so that my site is listed 
on Tiddlywiki.com and so that other people can reuse or abuse my stuff? I 
always assumed it was a given that if it was on a site created using Tiddlywiki 
or in an email from a thread in the tiddlywiki google group that it was free.




Sent from my Samsung Epic™ 4G Touch'Stephen Kimmel' via TiddlyWiki 
 wrote:Cute, Tobias. Very Cute.
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Re: [tw] Re: TW proselytism

2015-01-07 Thread Alex Hough
Maeda asks the follwing questions in his laws of simplicity:

How directed can I stand to feel?

How directionless can I afford to be?


alex


[1] Maeda, John. *The Laws of Simplicity*. First Thus edition. Cambridge,
Mass: The MIT Press, 2006.

On 7 January 2015 at 15:05, 'Stephen Kimmel' via TiddlyWiki <
tiddlywiki@googlegroups.com> wrote:

> Back to taglines -
>
> I like the tagline "Your Information, Your Way." It encapsulates
> Tiddlywiki in four words.
>
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