W3C Excerpt and Citation license

2009-03-05 Thread Ted Guild
Daniel, Sam,

W3C is creating an excerpt license (current draft online [1]) and
hoping to get public review and feedback, including particularly from
the Open Source community.  This is a complement to our existing
document license [2] and trying to further ease the use of our
materials while also trying to preserve the integrity of our Open
Standards.

For instance, a concern [3] in the case of Open Standards is that
derivative works might threaten interoperability.  I recalled
correspondence with Daniel Veillard about some of the discussion along
these lines concerning W3C's document license when including DTD's in
libxml which is why I am writing you.  We plan on explaining the
nuances of these concerns in our IPR FAQ [4].

While not as relaxed as GPL, BSD, Apache License, some CC licenses or
other licenses we hope the Open Source community continues to find our
licensing suitable for your needs.

Could you please relay this to appropriate parties within your
respective organizations asking for feedback.

Much obliged,

[1] http://www.w3.org/Consortium/Legal/2008/06-excerpt-license.html
[2] http://www.w3.org/Consortium/Legal/2002/copyright-documents-20021231
[3] http://www.w3.org/Consortium/Legal/2008/06-excerpt-copyright.html
[4] http://www.w3.org/Consortium/Legal/IPR-FAQ-2620
-- 
Ted Guild 
W3C Systems Team
http://www.w3.org


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Re: W3C Excerpt and Citation license

2009-03-05 Thread Simon Josefsson
Ted Guild  writes:

> W3C is creating an excerpt license (current draft online [1]) and
> hoping to get public review and feedback, including particularly from
> the Open Source community.

The complete license is reproduced below, for easy review on
debian-legal.

One problematic part seem to be (my emphasis):

  Permission to copy, to use, to create derivatives of parts of the work
  (but not the entire work), or to create extended citations or
  ^
  excerpts, without fee or royalty is hereby granted provided that the
  licensee:

I think this fails DFSG#3 which requires that you can create derivative
works.

Further, this part:

   The target content must not create a derivative specification.

It appears to fail DFSG#6 which requires that the license do not
discriminate against some fields of endeavor.

/Simon

[Draft] W3C® Excerpt & Citation License

Status: This document was announced publicly on 4 March 2009. Please send any 
comments to site-pol...@w3.org by 18 March 2009.

Public documents on the W3C website that are provided under the W3C Document 
License can also be used under this W3C Excerpt License. By using and/or 
copying this document, or any W3C document that either links to the then 
current document license or to this license, you (the licensee) agree that you 
have read, understood, and will comply with the terms and conditions that 
follow. For further information, please see the Explanatory Note on the W3C® 
Excerpt & Citation License.

The permissions below are granted for documents in any medium that refer to 
this license or to the W3C Document Licence and that have been created for the 
purpose of software documentation, defined to be: any material intended to help 
users understand software features or functionalities that implement parts of a 
W3C specification. This includes but is not limited to material provided in 
Help systems.
Permissions

Permission to copy, to use, to create derivatives of parts of the work (but not 
the entire work), or to create extended citations or excerpts, without fee or 
royalty is hereby granted provided that the licensee:

Attribution

* include links or URLs to the original W3C documents used on at least 
one prominent place of the software documentation
* include this text at the same location:

  This documentation has been created using excerpts from one or 
more referenced W3C Documents. More information can be found on the original 
W3C Documents. The use of citations or excerpts according to the W3C excerpt 
and citation license does not create an endorsement by W3C in any way. Legal 
notices and licenses from W3C are available at 
http://www.w3.org/Consortium/Legal/ipr-notice. 

No derivative specifications
The target content must not create a derivative specification. 
Specifically, it must not:

* resemble visually the original specification;
* use the W3C logo;
* copy or mimic any 'Status of this Document' section.
* copy or mimic the head of the document until the copyright section

Disclaimer
Include the following disclaimer:

W3C DOCUMENTS ARE PROVIDED "AS IS," AND NEITHER COPYRIGHT HOLDERS NOR 
W3C MAKE REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT 
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, 
NON-INFRINGEMENT, OR TITLE; THAT THE CONTENTS OF THE DOCUMENT ARE SUITABLE FOR 
ANY PURPOSE; NOR THAT THE IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY 
THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.

NEITHER W3C NOR COPYRIGHT HOLDERS OF THE INITIAL DOCUMENTS WILL BE 
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT 
OF ANY USE OF THE DOCUMENT CITED OR USED OR THE PERFORMANCE OR IMPLEMENTATION 
OF THE CONTENTS THEREOF.

Other Rights

No further right to create modifications or derivatives of W3C documents is 
granted pursuant to this license subject to the following exceptions:

* If additional requirements (documented in the Copyright FAQ) are 
satisfied, the right to create modifications or derivatives is sometimes 
granted by the W3C to individuals complying with those requirements.

The name and trademarks of NEITHER W3C NOR of the copyright holders may be used 
in advertising or publicity pertaining to this document or its contents without 
specific, written prior permission. Title to copyright in this document and in 
the documents that link to this license will at all times remain with W3C and 
the copyright holders.


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Re: Apple license and LGPL

2009-03-05 Thread René Mayorga
On Wed, Mar 04, 2009 at 10:21:40AM +, MJ Ray wrote:
> René Mayorga  wrote:
> 
> [...]
> > // This file is adapted from code originally supplied by Apple Computer, 
> > Inc. 
> > // The Berkeley Open Infrastructure for Network Computing project has 
> > modified 
> > // the original code and made additions as of September 22, 2006.  The 
> > original 
> > // Apple Public Source License statement appears below:
> 
> So it's not clear whether BOINC was supplied it under LGPL or APSL-1.1?

Indeed, the text just mention that BOINC is supplied under LGPL, but has
nothing explicit about this file.

[] 
> > You may not use this file except in compliance with the
> >  * License.
> 
> This seems to contradict use under LGPL.
[...]
> Hope that helps,

It does, thanks for your help.

Cheers
-- 
Rene Mauricio Mayorga   |  jabber: rmayo...@jabber.org
http://rmayorga.org |  
--
08B6 58AB A691 DD56 C30B  8D37 8040 19FA A209 C305


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Re: DRM legal advice

2009-03-05 Thread Anthony W. Youngman
In message <49aed85f.5nvvciqyno+9xuyd%...@phonecoop.coop>, MJ Ray 
 writes

"Anthony W. Youngman"  wrote:

In message <49ae6b15.fqybgcvyp1ig7h3c%...@phonecoop.coop>, MJ Ray
 writes [...]
>Do the copyright terms of things on iplayer actually have expiry
>dates, or is that something merely enforced by technical measures on
>some of the download methods?

If I've got it right, the "play on demand" files are deleted (or at
least made inaccessible) on the server after 7 days. The downloaded
files cannot be played after 30 days, so I would *hope* iPlayer deletes
them rather than leaving them around ...


Where did 7 and 30 days come from?  The terms I just found at
http://iplayerhelp.external.bbc.co.uk/help/about_iplayer/termscon
say "5. In order to meet the BBC's obligations to rights holders, the
BBC will embed downloadable BBC with digital rights management
security. The expiry date for the BBC Content that you download will
vary according to the agreements BBC has with rights holders of that
content. BBC Content will be automatically deleted from your computer
once its expiry date has been reached."


Unless it's changed ... iirc content was available on the bbc web site 
for 7 days after it was transmitted, and if downloaded to your pc would 
remain playable for 30 days after it was transmitted.


From what you say, it sounds like it may have changed...



Cheers,
Wol
--
Anthony W. Youngman - anth...@thewolery.demon.co.uk


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