Orr Dunkelman <[EMAIL PROTECTED]> writes:

> In the academic world it is customary to put your work on-line.
>
> If someone want to use it, they must (must as in "they really should do
> so, and if they don't their papers might be rejected until they give
> citation") cite you.
>
> When you put something on the web, you hold the copyrights. This means
> that you explicitly allow everybody to see it, but no one to use it
> without prior consent.

That is the point that I believe has not been tested yet. When I read a
book or look at a sign in the street I "see" it. When I open a page with
my Web browser I am making a copy. Sometimes a Web browser will make a
local semi-permanent copy in its own cache without even asking the user.

The important point in my opinion is that when a copy is made (and you
can be sure that it will be made), that copy will not have any separate
value independent of the value of the original.

> Putting a sotware on the web, doesn't mean everybody could use it. They
> are all welcome to see what you do (for example, if they need to trace a
> format of a file), but they are not allowed to use that code without your
> consent.
>
> Once you GPL (X11, BSD, ...) your code, you maintain the ownership of what
> you did, and allow a fair usage of your work. The same goes for documents.
>
>  On Sun, 29 Feb 2004, Yoni Rabkin Katzenell wrote:
>
>>
>> Correct me if I'm wrong here. I'm going out on a limb and saying what is
>> on my mind. No need to get offended, I'm just another non-lawyer playing
>> the "this is legal and that is not" game with you all.
>>
>> Let us say that I have a work that is publicly displayed with no
>> license. I find out that someone has copied my work. Can I now call that
>> person up and tell him/her that I had a license all along but kept it
>> "Hidden" and now I want that person to abide by that license or be sued?
>>
>> I don't know that answer to the above, it is really a question, not a
>> sarcastic remark.
>>
>> I think that anyone who has put work on the net with no license text
>> what so ever has lost that work because that person has shown that
>> he/she has no interest to *diligently* and *aggressively* protect that
>> work. Beyond that, who is willing to say that they *really* understand
>> the license that they use for text (not code) or have had a lawyer look
>> at it and explain it to them. Guessing will get you killed in court.
>>
>> Let me continue to say that if a Bulgarian copies a lecture that had no
>> license displayed in any way. The only way that individual can get sued
>> is if the copyright holder (that just woke up all of the sudden and
>> decided to be a copyright holder) sues the Bulgarian.
>>
>> So what follows is, if no-one is prepared to sue them, why the trouble?
>> If you put a license on your work then you need to be prepared to defend
>> it. Anyone thinking of taking a Bulgarian to court over a lecture slide?
>> If not, then you lose the copyright anyway because you fail to defend it
>> *aggressively*.
>>
>> Lastly: In my opinion the lectures are already copied and copied
>> again. This is a good thing. Remember stories of hackers just passing
>> someone's screen and thinking "that's cool, I'll use that". Now we
>> license first and share later. Why are you collecting "Haifux
>> Intellectual Property", will Haifux really sue?
>>
>> All that said. Deep breath, relaxation. I'm deeply interested in the way
>> people see these issues but I realise I go about it a bit heavy handed.
>>
>> A plain Haifux license that everyone understands and that
>> has been approved by a real lawyer should reside over *all* works and
>> one (and only one) person or body should enforce it. Otherwise you will
>> have a group people that are all not lawyers, all guessing and arguing
>> about "license this and license that" while the Bulgarians have "Save
>> As..."ed all of Haifux long ago.
>>
>>
>
> -- 
> Orr Dunkelman,
> [EMAIL PROTECTED]
>
> "Any human thing supposed to be complete, must for that reason infallibly
> be faulty" -- Herman Melville, Moby Dick.
>
> Spammers: http://vipe.technion.ac.il/~orrd/spam.html
>
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>

-- 
"Cut your own wood and it will warm you twice"
        Regards, Yoni Rabkin Katzenell


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