Re: Questioning the Public Domain'ness of certain data

2003-05-11 Thread Branden Robinson
On Sun, May 11, 2003 at 01:19:16AM +0200, Henning Makholm wrote:
 Scripsit Branden Robinson [EMAIL PROTECTED]
 
  Sec. 105. - Subject matter of copyright: United States Government works
 
  Copyright protection under this title is not available for any work of
  the United States Government, but the United States Government is not
  precluded from receiving and holding copyrights transferred to it by
  assignment, bequest, or otherwise.
 
 Does that also prevent the U.S. government from claiming copyright
 protection (as a civil party) on their work in other jurisdictions?
 This title seems to refer to situations where the copyright
 protection would be granted by U.S. law.

I *guess* that the answer to your question is yes, until and unless
Congress passes a law amending Title 17, or placing a law into a
different Title, asserting copyright protection for the U.S. government
in foreign jurisdictions.

-- 
G. Branden Robinson| Human beings rarely imagine a god
Debian GNU/Linux   | that behaves any better than a
[EMAIL PROTECTED] | spoiled child.
http://people.debian.org/~branden/ | -- Robert Heinlein


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Re: Questioning the Public Domain'ness of certain data

2003-05-11 Thread Thomas Bushnell, BSG
Henning Makholm [EMAIL PROTECTED] writes:

 Scripsit Branden Robinson [EMAIL PROTECTED]
 
  Sec. 105. - Subject matter of copyright: United States Government works
 
  Copyright protection under this title is not available for any work of
  the United States Government, but the United States Government is not
  precluded from receiving and holding copyrights transferred to it by
  assignment, bequest, or otherwise.
 
 Does that also prevent the U.S. government from claiming copyright
 protection (as a civil party) on their work in other jurisdictions?
 This title seems to refer to situations where the copyright
 protection would be granted by U.S. law.

Yes.  The basic rule is that works produced by the US Government are
simply public domain.



Re: Questioning the Public Domain'ness of certain data

2003-05-09 Thread Branden Robinson
On Thu, May 08, 2003 at 04:00:43PM -0500, Elizabeth Barham wrote:
But, however, I have not had seen anything in writing specifically
 stating that the data is public domain and I received no reply when I
 asked them the license of the data via the email address on the
 above-cited webpage.
 
My intention is to release a debian package containing Berkely DB
 databases that contain the same data as found in the above-cited URL.
 
How do you suggest I proceed?

United States Code, Title 17, Chapter 1:

Sec. 105. - Subject matter of copyright: United States Government works

Copyright protection under this title is not available for any work of
the United States Government, but the United States Government is not
precluded from receiving and holding copyrights transferred to it by
assignment, bequest, or otherwise.

If you have good reason to believe that the data in question was
prepared by the U.S. government, then the material cannot be
copyrighted.

If you do make such a determination, I would go ahead and target the
package for main.

-- 
G. Branden Robinson|  Measure with micrometer,
Debian GNU/Linux   |  mark with chalk,
[EMAIL PROTECTED] |  cut with axe,
http://people.debian.org/~branden/ |  hope like hell.


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Re: Questioning the Public Domain'ness of certain data

2003-05-09 Thread Elizabeth Barham
Branden writes:

 United States Code, Title 17, Chapter 1:

[ ...] 

 If you have good reason to believe that the data in question was
 prepared by the U.S. government, then the material cannot be
 copyrighted.
 
 If you do make such a determination, I would go ahead and target the
 package for main.

Yes, I have made such a determination.

Thank you.

Elizabeth



Questioning the Public Domain'ness of certain data

2003-05-08 Thread Elizabeth Barham
Hi Everyone,

   I have written a program that parses the data available here:

   http://www.fda.gov/cder/ndc/

and places it into a database.

   I am fairly confident that the data itself is public domain
as:

* one organization sells the same data re-packaged for MS
  Access.

* another organization releases basically the same data in a
  different format.

The second example, if I recall correctly, doesn't even cite the
source although I went over the data personally and can say without
hesitation that the data came from the FDA and is essentially the same
as in the data available at the above URL.

   But, however, I have not had seen anything in writing specifically
stating that the data is public domain and I received no reply when I
asked them the license of the data via the email address on the
above-cited webpage.

   My intention is to release a debian package containing Berkely DB
databases that contain the same data as found in the above-cited URL.

   How do you suggest I proceed?

   Sincerely, Elizabeth



Re: Questioning the Public Domain'ness of certain data

2003-05-08 Thread Don Armstrong
On Thu, 08 May 2003, Elizabeth Barham wrote:
 I have written a program that parses the data available here:
 
http://www.fda.gov/cder/ndc/
 
 and places it into a database.

Neat.

 My intention is to release a debian package containing Berkely DB
 databases that contain the same data as found in the above-cited URL.
 
 How do you suggest I proceed?

As the information in that database changes rapidly [Data Files
Updated through 3/31/2003], perhaps it would be better to include your
program that downloads and parses the data on the site instead of
including the data itself?

I would presume that it is important to the end users of this dataset
to have a relatively up to date set of data, and as the package of
such data in stable could be out of date by more two years before the
next stable release, they'd probably prefer a method of updating the
dataset to an outdated one.


Don Armstrong

-- 
I leave the show floor, but not before a pack of caffeinated Jolt gum
is thrust at me by a hyperactive girl screaming, Chew more! Do more!
The American will to consume more and produce more personified in a
stick of gum. I grab it. -- Chad Dickerson

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu


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