Copyright hurts my head. I tried reading the code (US and CC's legal) and my mind is spinning. There's this:
17 USC 103(b) "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. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material." And the creative commons SA clauses clearly say that any adaptation (which includes a derivative work... which includes any work that expands upon a work but is largely original) must be licensed under this scheme. Um. -Adi On Mon, Dec 6, 2010 at 3:50 PM, Parker Higgins <[email protected]>wrote: > This is an interesting issue, and I'm glad it's happening. It seems pretty > readily apparent to me that the book is not actually under CC BY-SA, even if > there is determined to be a copyright infringement. But I like the action as > a reminder that just because something is released under a less restrictive > license than all rights reserved doesn't mean the terms can just be ignored. > That particular stance is disturbingly prevalent, and the offense is that > much greater when the only requirement is attribution. > > (Incidentally, I wonder what the above-the-board way of using these > excerpts would have been. Even supposing Houellebecq wasn't pursuing fair > use, and supposing he attributed the excerpts to Wikipedia, I find it hard > to imagine that the entire book would be considered a derivative work that > "engages" the SA element of the license. But what, then? Would the chapters > or sections that incorporated those elements be independently BY-SA > licensed?) > > This seems like a case of not totally clean hands, but funny protest action > aside, I'd defend Houllebecq even against Wikipedia friends. Attempting to > enforce a copyright or license for a few lifted paragraphs in a book seems a > bit maximalist to me, and I'm a guy who likes copying. It's a bit hard to > take the position of the famous author over the Wikipedian editors (assuming > they're even in Gallaire's camp here), but my stance feels emboldened when > reading the only comment on the linked blog post, from Michel Levy, the > author who had previously published a book called "Le Carte et le > Territoire." The juxtaposition of him complaining about the "stolen" title > of the book with the actions taken about the "stolen" passages is a good > reminder not to take a few words so seriously. > > Parker > > PS Biella, thanks for sending this. I always kind of thought you weren't no > Houllebecq girl. > > > On Sun, Dec 5, 2010 at 7:18 PM, Gabriella Coleman <[email protected]> wrote: > >> Hi, >> >> Sorry if this is old news but I don't think I saw this discussed here. >> This is fascinating case of a French author who knowingly/playfully >> plagiarized Wikipedia in his novel and the drama that ensued. Really >> seems like a good FC issue. >> >> ,Read more >> >> http://www.newyorker.com/online/blogs/books/2010/11/to-houelle-and-becq-or-leaks-of-a-different-sort.html#ixzz17GL0Cuoy >> >> Biella >> >> >> -- >> Gabriella Coleman, Assistant Professor >> NYU, Department of Media, Culture, & Communication >> On Leave 2010-2011, The Institute for Advanced Study >> http://steinhardt.nyu.edu/faculty_bios/view/Gabriella_Coleman >> _______________________________________________ >> Discuss mailing list >> [email protected] >> http://freeculture.org/cgi-bin/mailman/listinfo/discuss >> FAQ: http://wiki.freeculture.org/Fc-discuss >> > > > > -- > parker higgins > berlin, germany > > http://parkerhiggins.net > > gmail / gchat: [email protected] > twitter / identi.ca: @thisisparker > skype: thisisparker > > please consider software freedom before reading this e-mail on a > proprietary platform > > > _______________________________________________ > Discuss mailing list > [email protected] > http://freeculture.org/cgi-bin/mailman/listinfo/discuss > FAQ: http://wiki.freeculture.org/Fc-discuss > >
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