Ben we will need to tighten this up into a question before seeking legal
advice, since it is expensive.
Can we make a simpler motion - something like: *Obtain legal advice on
source code header requirements "post-Berne"*
I also note from your earlier research (
https://softwarefreedom.org/resources/2012/ManagingCopyrightInformation.html)
that we are not doing a bad job currently. In particular footnote 3:
Under U.S. law, a properly formatted copyright notice should include: 1)
> the © symbol, the word “Copyright”, or the abbreviation “Copr.”; 2) the
> year of the work’s first publication; and 3) the name of the copyright
> owner. For example, “Copyright 2012 Jane Hacker.” If contributions were
> made during several years, use commas to separate nonconsecutive years and
> hyphens to indicate contributions over several consecutive years, e.g.:
> “Copyright 2007, 2009, 2010 – 2012 Jane Hacker.”
Also softwarefreedom.org is one service that can offer us legal advice.
--
Jody Garnett
On 21 May 2016 at 14:31, Ben Caradoc-Davies <b...@transient.nz> wrote:
> I propose that the GeoTools PMC ask OSGeo to obtain legal advice on
> copyright headers.
>
> (1) Is it necessary for GeoTools to include a copyright header in each
> source code file to defend these from copyright infringement?
>
> (2) If a copyright header is included in each source code file, should it
> have a date, and if so, what date? Creation, last modification, or a range?
>
> An important piece of context is the cost of maintaining dates in source
> code files. These dates are not free of cost.
>
> We could also ask whether source code files are considered individual
> works or whether GeoTools as a whole is considered the work. This could
> form part of (1).
>
> Kind regards,
> Ben.
>
>
> -------- Forwarded Message --------
> Subject: Re: [Geotools-devel] Copyright header policy
> Date: Sat, 21 May 2016 06:04:02 -0700
> From: Jody Garnett <jody.garn...@gmail.com>
> To: Ben Caradoc-Davies <b...@transient.nz>
> CC: Jonathan Moules <jonathan-li...@lightpear.com>, Geotools-Devel list <
> geotools-devel@lists.sourceforge.net>
>
> Ben can you start an new email thread with your motion?
>
> I note that I am an officer of the foundation, for GeoTools. So of the PMC
> approves your motion I can obtain funds for legal advice from the treasure,
> or impose of one of the OSGeo members in the united states to do so.
>
> I think that obtaining a clear answer would benefit other foundation
> projects.
>
> --
> Jody Garnett
>
> On 20 May 2016 at 18:06, Ben Caradoc-Davies <b...@transient.nz> wrote:
>
> Jody,
>>
>> I am happy to proceed with file creation/contribution date despite my
>> small reservations. I think that file creation/contribution date is the
>> option that has consensus at this time; it will solve the date maintenance
>> overhead problem that is the reason for this change.
>>
>> I move that you ask OSGeo to obtain legal advice on this matter. I see
>> this as a low priority but I think it would be nice to get some advice for
>> long-term guidance.
>>
>> And thanks to everyone for their contributions to this thread. It has
>> clarified my views on copyright headers and and changed my views on
>> @author
>> tags.
>>
>> Kind regards,
>> Ben.
>>
>>
>> On 21/05/16 12:06, Jody Garnett wrote:
>>
>> OSGeo is able to obtain legal advice, as PMC representative I can make
>>> that
>>> request on behalf of our project. As one of the early projects in OSGeo
>>> other projects will be following our lead.
>>>
>>> To close this one out I would be content to update our policy to be file
>>> creation/contribution date - and if you wish to make the motion Ben we
>>> can
>>> formally ask OSGeo to obtain legal advice (they may do so directly or via
>>> reaching out to another foundation with legal staff).
>>> --
>>> Jody Garnett
>>>
>>> On 20 May 2016 at 13:50, Ben Caradoc-Davies <b...@transient.nz> wrote:
>>>
>>> Many stackexchange comments on common law copyright and registration
>>>
>>>> relate to the US prior its accession to the Berne convention (1989).
>>>> Please
>>>> see later comments and this:
>>>> https://www.law.cornell.edu/wex/copyright
>>>>
>>>> Furthermore, and I am not a lawyer, can you copyright an individual
>>>> source
>>>> code file? Is it not like the page of a book?
>>>>
>>>> As this is an OSGeo project, and OSGeo is incorporated in the United
>>>> States, we should give consideration to US law.
>>>>
>>>> Jody, does OSGeo have a policy on whether dates are required in
>>>> copyright
>>>> headers? Does copyright reside in a single source code file or GeoTools
>>>> as
>>>> a work as a whole? Is OSGeo able to obtain legal advice these matters?
>>>>
>>>> Kind regards,
>>>> Ben.
>>>>
>>>>
>>>>
>>> --
>> Ben Caradoc-Davies <b...@transient.nz>
>> Director
>> Transient Software Limited <http://transient.nz/>
>> New Zealand
>>
>>
>
> --
> Ben Caradoc-Davies <b...@transient.nz>
> Director
> Transient Software Limited <http://transient.nz/>
> New Zealand
>
>
>
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