Re: [License-discuss] License Stewards

2012-10-05 Thread Ben Reser
On Thu, Oct 4, 2012 at 11:27 PM, Rick Moen wrote: > Er, the licence steward's opinion on that substantive legal question > (such as it is) strikes me as lacking relevance. Either the licence as > a work is copyrightable in accordance with its own separate nature, or > it isn't. The judge isn't g

Re: [License-discuss] License Stewards

2012-10-05 Thread Rick Moen
Quoting Ben Reser (b...@reser.org): > It's not likely to be in front of a judge if the license steward says that. I certainly never turn up my nose if someone offers me promissory estoppel, but I'm not sure a licence steward venting an amateur opinion[1] about the copyrightability of his/her crea

Re: [License-discuss] License Stewards

2012-10-05 Thread Ben Reser
On Fri, Oct 5, 2012 at 10:52 AM, Rick Moen wrote: > I certainly never turn up my nose if someone offers me promissory > estoppel, but I'm not sure a licence steward venting an amateur opinion[1] > about the copyrightability of his/her creation establishes estoppel. > > Anyway, that's an affirmativ

Re: [License-discuss] License Stewards

2012-10-05 Thread Lawrence Rosen
Rick Moen wrote: > I certainly never turn up my nose if someone offers me promissory > estoppel, but I'm not sure a licence steward venting an amateur > opinion[1] about the copyrightability of his/her creation establishes > estoppel. Let me suggest a way around this issue. Remember that I starte

Re: [License-discuss] License Stewards

2012-10-05 Thread Rick Moen
Quoting Ben Reser (b...@reser.org): > > Anyway, that's an affirmative defence: It doesn't prevent litigation. > > I did say likely. Specifically, you said no such licence was likely to 'be in front of a judge', without saying exactly why you believed this. In my experience, copyright infring

Re: [License-discuss] License Stewards

2012-10-05 Thread Chad Perrin
On Fri, Oct 05, 2012 at 08:21:14AM -0700, Ben Reser wrote: > On Thu, Oct 4, 2012 at 11:27 PM, Rick Moen wrote: > > Er, the licence steward's opinion on that substantive legal question > > (such as it is) strikes me as lacking relevance. Either the licence as > > a work is copyrightable in accorda

[License-discuss] Out of the Office

2012-10-05 Thread Peter Moldave
I will be out of the office starting 10/05/2012 and will not return until 10/09/2012. The office is closed Monday October 8 for the holiday. See the new Gesmer.com http://www.gesmer.com _ Any tax information or written tax advice cont

Re: [License-discuss] License Stewards

2012-10-05 Thread Ben Reser
On Fri, Oct 5, 2012 at 12:43 PM, Chad Perrin wrote: > I think you mean it's not likely to be in front of a judge if the license > steward *means* that. If the license steward *says* it, but doesn't > really mean it (or changes his/her mind), (s)he may try suing anyway. I meant what I said. I do

Re: [License-discuss] License Stewards

2012-10-05 Thread Kuno Woudt
Hello, On 10/05/2012 08:27 AM, Rick Moen wrote: Quoting Kuno Woudt (k...@frob.nl): Even if this is true, someone aiming to re-use the license text for a new license may not want to rely on it. I have my doubts about licences lacking expressive elements as that concept is defined in copyright

Re: [License-discuss] License Stewards

2012-10-05 Thread Chad Perrin
On Fri, Oct 05, 2012 at 02:22:21PM -0700, Ben Reser wrote: > On Fri, Oct 5, 2012 at 12:43 PM, Chad Perrin wrote: > > I think you mean it's not likely to be in front of a judge if the license > > steward *means* that. If the license steward *says* it, but doesn't > > really mean it (or changes his

Re: [License-discuss] License Stewards

2012-10-05 Thread Rick Moen
Quoting Kuno Woudt (k...@frob.nl): > Considering this in an international context, it still seems better > to explicitly license the license text. Is there any harm in doing > so? {shrug} 'Harm' is whatever the observer doesn't like, nei? ;-> As with all licensing, the licence is a tool aimed