Andrew,
Again, we've been over this too many times to continue to flood this
list. I will explain it one last time to you, also closing this thread.
From ground zero, assume you have zero permission to distribute a work
which is copyrighted.
CrossWire has asked and received permission from a publisher to
distribute a particular copyrighted work.
This is not exclusive. Many other people may have been granted
permission from the copyright holder.
CrossWire's agreement does not give YOU permission to distribute a
particular copyrighted work-- it gives CrossWire permission to
distribute said work. If you would like permission, simply obtain your
own permission from the copyright holders. Though I wouldn't encourage
this, as we have already said that we don't see a need for mirrors.
Thank you for ceasing this discussion,
Troy
On 01/12/2013 01:08 AM, Andrew Thule wrote:
Nic, no I didn't miss the point.
You are claiming this privelge is exclusive. If so, the terms of this
agreement must be both registered and public. Anyone can claim
anything they want about what they are able to do, and what others are
not able to do, but these claims are only true if the terms of the law
is met.
As long as Crosswire is engaged in the public non-commercial
distribution of modules, and refused to prove its right to do this is
exclusive, it should accept is has no ability to control them
once they've left Crosswire.
~A
On Friday, January 11, 2013, Nic Carter wrote:
Hi Andrew,
You completely miss the point!
CrossWire has the right to distribute certain modules. In order to
satisfy our legal agreement with the copyright holders we can can
only distribute from "CrossWire". We do not own the copyright, we
have to abide by the same rules as anyone else. We are simply in
the awesome position of having been granted permission.
Also, when I say "we", I am meaning CrossWire. However, even
though I am a volunteer as part of CrossWire, that does not give
me the right to distribute anything. Distribution has to be simply
by CrossWire and the most proper way to satisfy those legal
agreements is to distribute from an official CrossWire domain so
as to strive the hardest to remain above board. :)
I am now lead to believe that what certain other people have said
here is correct and that you do not understand any of this legal
mumbo jumbo at all, and hence I think you should cease trying to
educate others and instead simply cede to Troy and if you wish to
help with this project, follow his lead, asking him what he wants
of you.
Thank you.
Nic... :)
On 12/01/2013, at 10:40, Andrew Thule <thules...@gmail.com
<javascript:_e({}, 'cvml', 'thules...@gmail.com');>> wrote:
Ultimately, the issue is about licensing rights on modules, which
appears to be a very touchy subject around here. I suspect this
is so because without actual licenses, which are essentially
legal agreements (I'm not talking about .conf files which are not
legal agreements), its pretty much impossible to claims
legal rights and restrictions exist without proof.
As people like to point out, Copyright resides with the Copyright
owner. For a third party to 'claim' the right to distribute text
they are not the Copyright owner of, explicit license had to have
been given (a legally binding agreement). What this means for
mirrors is this:
Anyone can run an FTP service.
Anyone can call the directories anything they want in said FTP
service.
What people place in their FTP servers is where the controversy
starts.
Others, (not me) have already pointed out that Crosswire doesn't
(and can't) control modules once they leave Crosswire's repo.
This means Crosswire, as the non-owner, has nothing to say about
modules elsewhere. Crosswire tries to asserts legal right over
some modules however. There are only two ways under copyright
law, Crosswire can exercise rights over copyrighted work:
1. Direct Ownership. Para 106 of of US Copyright law says that
the Copyright owner has exclusive rights over their wok, so
Crosswire would have to prove it were the Copyright Owner; or
2. Transfer and Licensing of rights. The Owner can transfer
rights through formal agreement specificaly expressing those
rights (and ultimately granted through a written instrument,
signed by the grantor). This is a license, or possibly exclusive
license. Under US law, exclusive licenses must be recorded in
the US Copyright office or exclusive license is not valid (Para 408)
If Crosswire has been exclusively license then, it may establish
a rule only certain repositories may distribute modules, but the
terms of this license (with the Copyright owner) are not secret
(and indeed a matter of public record).
If Crosswire has not been exclusively licensed however, Crosswire
has no legal right to prohibit others from distributing modules
it freely distributes in a non-commercial manner (however much it
rants and maligns others).
That means for there to be a *.crosswire.org
<http://crosswire.org> 'rule' Crosswire's exclusive license must
be registered and public, or it lacks authority to assert rights
over text it doesn't own. People should not get upset when this
rule is not followed then.
(Don't shoot the messenger because you don't like the law)
~A
On Thursday, January 10, 2013, David Blue wrote:
Based on the*.crosswire.org <http://crosswire.org> rule I
would say the best option when and if mirrors are needed is
to have some sort of round robin dns that picks a mirror from
an internal list the way microsoft.com <http://microsoft.com>
or my Linux distro does download.opensuse.org
<http://download.opensuse.org> for it's package repos. Sorry
for the top post'
Nic Carter <niccar...@mac.com> wrote:
Sent from my phone, hence this email may be short...
On 08/01/2013, at 8:51, Andrew Thule <thules...@gmail.com> wrote:
As long as Crosswire has policies in place
govererning official mirrors there should no no
worries mirrors are out of sync, in which case
preferred mirror selection can be left to the user,
and indeed mirror checking behaviour configurable.
Yup, policy is no mirrors at this point in time.
It is thought that there _may_ be room in the future for some, but these
will be done from a *.crosswire.org <http://crosswire.org> domain so as to
satisfy copyright requirements.
Easy :)
Thanks for your thoughts & I'm glad we can now put this discussion
to rest. :)
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