RE: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-27 Thread Ken Brown
Robert, I am really interested in this stuff. First all, I have to say that I suspect a tad bit of paranoia in the reporting about what's happening overseas. What sources are you quoting that talk about criminalization for patent infringement? I'd like to read that stuff. Russell McOrmond was

Public domain mistake?

2004-01-27 Thread daniel wallace
Under Utah law, the elements of promissory estoppel are: (1) The promisee acted with prudence and in reasonable reliance on a promise made by the promisor; (2) the promisor knew that the promisee had relied on the promise which the promisor should reasonably expect to induce action or

Re: Public domain mistake?

2004-01-27 Thread Alex Rousskov
Daniel, Could you please clarify for a non-lawyer where you see the Public domain mistake here (the Subject of your message)? If my understanding is correct, you are saying that if a permissible open source license agreement is not enforceable then the source code is in public domain for

Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-27 Thread Robert Osfield
Hi Ken, On Tuesday 27 January 2004 20:16, Ken Brown wrote: I am really interested in this stuff. First all, I have to say that I suspect a tad bit of paranoia in the reporting about what's happening overseas. Not overseas for me. I'm based in the Scotland, very much part of the EU for

Re: Public domain mistake?

2004-01-27 Thread jcowan
daniel wallace scripsit: Under Utah law, the elements of promissory estoppel are: (1) The promisee acted with prudence and in reasonable reliance on a promise made by the promisor; (2) the promisor knew that the promisee had relied on the promise which the promisor should

Re: Public domain mistake?

2004-01-27 Thread Alex Rousskov
On Tue, 27 Jan 2004 [EMAIL PROTECTED] wrote: daniel wallace scripsit: Under Utah law, the elements of promissory estoppel are: (1) The promisee acted with prudence and in reasonable reliance on a promise made by the promisor; (2) the promisor knew that the promisee had relied on

RE: Public domain mistake?

2004-01-27 Thread Lawrence E. Rosen
Daniel, I don't think your analysis is correct. Promissory estoppel is a contract doctrine that has nothing to do with a bare license like the GPL. /Larry Rosen -Original Message- From: daniel wallace [mailto:[EMAIL PROTECTED] Sent: Tuesday, January 27, 2004 12:27 PM To: [EMAIL

RE: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-27 Thread Alexander Terekhov
Ken Brown wrote: [...] I am really interested in this stuff. First all, I have to say that I suspect a tad bit of paranoia in the reporting about what's happening overseas. What sources are you quoting that talk about criminalization for patent infringement? Sources in opposition to the

RE: Public domain mistake?

2004-01-27 Thread daniel wallace
If the GPL is a bare license,then what binds the two mutually disjoint permissions in a distributed derivative work. How is distribution authorized? There are two copyright authors in a derivative work, the preexisting authorizing author and modifying author. In a bare license or unilateral

RE: For Approval: Linisys Open Source License v1.4

2004-01-27 Thread Chris Tusa
Greetings, We submitted our proposed License several weeks ago and havent seen any response. Can I get confirmation that it was recieved? -- Chris Tusa Linisys, Computing Evolution [EMAIL PROTECTED] 504.464.4610 x1 - Shark Linux Software - Linux Hardware Products - Consulting --

Re: Public domain mistake?

2004-01-27 Thread Russell McOrmond
On Tue, 27 Jan 2004, daniel wallace wrote: Anyone who could show they had invested time and effort in reliance on promised copyright permissions could claim promissory estoppel to continue developing and expanding projects into the future. I've been trying to wrap my head around this and

The Copyright Act preempts the GPL

2004-01-27 Thread daniel wallace
Section 103 (b) of the Copyright Act says: The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material.

RE: Public domain mistake?

2004-01-27 Thread Russell McOrmond
Note: IANAL, I just hang around with and enjoy conversations with lawyers and law students. On Tue, 27 Jan 2004, daniel wallace wrote: There are two copyright authors in a derivative work, the preexisting authorizing author and modifying author. In a bare license or unilateral permission, by

Re: The Copyright Act preempts the GPL

2004-01-27 Thread John Cowan
daniel wallace scripsit: Section 103 (b) of the Copyright Act says: The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive