Chris: If you read my reply, you would see that I actually agree with you. If Raiko cannot certify that the file can be distributed under the same license terms as Apache POI, the file should be removed.
I asked for clarification because IP issues in academia are rarely clear-cut. For example, if you received a scholarship of any sort (or were part of a funded graduate program), exception 5.1.3 would actually apply unless you obtained a written statement as described in section 5.4 (and this would be an exercise in futility) That being said, if you are serious about going down this route, I would also suggest suggest going after others who are hosting the file, such as docstoc http://www.docstoc.com/docs/24138033/Tagging-with-Hidden-Markov-Models(shared by rbb85147 http://www.docstoc.com/profile/rbb85147) and going after others that have publicly available mirrors of POI. A quick search on github reveals a few mirrors, including: - https://github.com/orione/POI/blob/master/test-data/slideshow/PictureLengthZero.ppt - https://github.com/samchuang/zkpoi/blob/master/test-data/slideshow/PictureLengthZero.ppt - https://github.com/tay204/VendorInterface/blob/master/poi-3.9/test-data/slideshow/PictureLengthZero.ppt On Thu, Dec 12, 2013 at 8:55 PM, Chris Demwell <[email protected]> wrote: > Hi Nirk, > > I would like to reiterate that this file is probably of negative value to > you: I have mentioned this is *not a Microsoft Office file* and therefore > seems unlikely to be a good test case for your project. > > I am disappointed that I have to go into this: regardless of any terms of > ownership between SFU and myself, the ASF and the POI project are not party > to those terms. In any case, as it happens I'm aware of the terms from SFU > and sought such clarification immediately upon enrolment. This content was > a talk I gave as part of a special topics discussion course and not as > "homework". The terms can be seen at > http://www.sfu.ca/policies/gazette/research/r30-03.html - specifically, > section 5.1 applies: > > "5.1 Although the University has the right to require assignment of an > interest in IP created by a University Member through the use of its > resources, the full ownership of IP and all rights pertaining to ownership > are vested in the Creator, unless the Creator has entered into an agreement > with the University to the contrary." > > There are several exceptions listed, none of which apply to this file. This > is my IP, and more importantly it is not yours, nor Raiko's, nor do you > have license from SFU. Other than that I think we agree about the legal > situation. The waters are not muddy, you do not have license to this file. > > Please remove it from your svn history or inform me that you don't intend > to do so. > > > > > On Thu, Dec 12, 2013 at 4:40 PM, Nirk Niggler <[email protected] > >wrote: > > > Chris: > > > > A cursory google search reveals that this was part of a class project and > > is publicly available at > > http://www.cs.sfu.ca/~anoop/courses/CMPT-882-Fall-2002/chris.ppt, which > > somewhat muddies the waters (you'd have to get clarification from your > > school regarding the IP rights associated with class homework and > projects). > > > > Eric: > > > > While there is no obvious confidential information in the document, the > > original contributor Raiko Eckstein violated the terms of the bugzilla < > > https://issues.apache.org/bugzilla/createaccount.cgi> > > > > > "Certify that any object code, source code, patch, documentation, etc. > > that you may supply to an Apache project can be redistributed under the > > same license terms and conditions as the project itself." > > > > That alone should be grounds for removal. > > > > > > > > On Thu, Dec 12, 2013 at 7:14 PM, Eric Peters <[email protected]> wrote: > > > >> I have nothing to do with the POI Apache project, other than being a > user, > >> never contributed, nor have anything to associate other than being on > this > >> mailing list - but I'd say chill the f*** out. > >> > >> The relative harms for the debug test file is probably negligible, and > in > >> the grand scheme of things, its probably not using your IP at all, > rather > >> the factual bytes that were generated by OpenOffice, or usable under US > >> Fair Use, as long as the (which is the same/similar file type to MS > >> Powerpoint, which is sort of the point of the example file) > >> > >> Your copyright standpoint on the file, its feasible to recreate the PPT > to > >> re-illustrate the failed code, that might have some similarities to your > >> original file but not be a byte-by-byte representation of the code, and > it > >> wouldn't pass a copyright muster (assuming you even filed for copyright > >> protections) > >> > >> Take a deep breath, and find something productive to do. > >> > >> -Eric > >> > >> > >> On Thu, Dec 12, 2013 at 10:56 AM, Chris Demwell <[email protected]> > >> wrote: > >> > >> > Hi, > >> > > >> > In 2007, someone uploaded my IP to your bug tracker in > >> > https://issues.apache.org/bugzilla/show_bug.cgi?id=41357 - that > person > >> did > >> > not have license to use my IP, and therefore you also do not. You > >> continue > >> > to host that file in your svn: > >> > > >> > > >> > http://svn.apache.org/repos/asf/poi/trunk/test-data/slideshow/PictureLengthZero.ppt- > >> > please remove it from your svn history. > >> > > >> > I would also point out that someone sending you a file to help you > >> solve a > >> > bug does not automatically or implicitly grant the legal right to use > >> the > >> > file for any other purpose, store, and certainly not republish the > file. > >> > You are likely illegally republishing other files as part of the test > >> > directory in your svn and I humbly suggest that your only course of > >> action > >> > is to remove those files that you do not explicitly know that you are > >> > licensed to redistribute. > >> > > >> > Much more collegially, that PPT was an export from OpenOffice.org (ie, > >> not > >> > created by MS Powerpoint) and therefore may not be an appropriate test > >> file > >> > for your project. I'm sorry if this has caused you any consternation > in > >> > designing or maintaining your project. Thanks for your contributions > to > >> > open source software - while I don't use POI I still have great > respect > >> for > >> > your work. > >> > > >> > Thanks, > >> > > >> > Chris Demwell > >> > > >> > > > > >
