Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-11 Thread Thomas Roessler
On 2006-09-08 08:21:59 -0700, James M Snell wrote: I think the discussion around this has been absolutely excellent. Lots of very good information and perspectives. At this point I need to stew over things for a few days and think about how to proceed with the extension. The last call for

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-11 Thread James M Snell
I talked with Lisa a bit about this next week. I'll be working on iterating the draft based on this conversation and will request another last call once it's ready to go. - James Thomas Roessler wrote: On 2006-09-08 08:21:59 -0700, James M Snell wrote: I think the discussion around this

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-08 Thread James M Snell
I think the discussion around this has been absolutely excellent. Lots of very good information and perspectives. At this point I need to stew over things for a few days and think about how to proceed with the extension. In addition to the several technical changes that I may end up making to

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-07 Thread Elliotte Harold
Karl Dubost wrote: IMHO, when the implementors do not understand the licenses, they have no rights to do things with content (because it's highly dependant of local laws) Ignorance of the law is no excuse. Implementors have the rights they have under the applicable set of laws,

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-07 Thread John Panzer
[EMAIL PROTECTED] wrote: Le 7 sept. 06 à 01:29, John Panzer a écrit : This is a critical point. Without this, implementors cannot safely ignore licenses they don't understand (falling back to things like fair use if they can't find any licenses that grant additional copying rights).

RE: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-07 Thread Bob Wyman
John Panzer asks of Karl Dubost: (Let's say that Doc Searls somehow discovers a license that would deny sploggers more than implied rights to his content while allowing liberal use for others[1], and deploys it. Are you saying that all of his readers' feed software would have to drop his

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-07 Thread John Panzer
Wendy Seltzer wrote: ... The concern about limiting implied licenses is important, though. By definition, an implied license is one that's presumed from the context of an offering and by the absence of a contrary explicit license. If as a factual matter, many people have been acting

RE: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread Bob Wyman
Wendy Seltzer wrote: I'm still not clear on what's happening in 1.1. 1.1 It must also be noted that licenses associated with feeds or entries using these mechanisms are advisory and are not, by themselves, legally binding. Section 1.1 contains two sentences that are, I think, at

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread Thomas Roessler
On 2006-09-06 02:25:47 -0400, Bob Wyman wrote: Because of the nature of the tool being used here, a hyperlink, we must accept that the binding between content and license is a weak and fragile one. There is no guarantee that the content of the license associated with a feed at one

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread Thomas Roessler
On 2006-09-05 15:11:22 -0700, James M Snell wrote: The relationship is relatively simple. The atom:rights element is always a human-readable statement of what rights are held over the feed or entry. It's is the equivalent of saying Copyright (c) James Snell and cannot be relied upon to

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread A. Pagaltzis
* Thomas Roessler [EMAIL PROTECTED] [2006-09-06 11:45]: On 2006-09-05 15:11:22 -0700, James M Snell wrote: Take, for instance, Sam Ruby's Planet feed (http://planet.intertwingly.net/atom.xml). This feed consists of entries that originated from many different sources, some of which may

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread Thomas Roessler
On 2006-09-06 12:21:24 +0200, A. Pagaltzis wrote: James’ points out that there may be feeds where the feed publisher has the rights to the feed as a collection, but not to the content of individual entries. Since these cases exist, it would be a bad idea for the licence to inherit from the

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread John Panzer
Bob Wyman wrote: ... The mostinteresting cases will be those licenses that attempt to assert limitationsto rights which would normally be considered to be granted to consumers offeeds. Such rights would include things like "Fair Use" and "impliedlicenses." It is *vitally* important to our

RE: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread Bob Wyman
Thomas Roessler wrote: It's fine to point out the lack of an enforceable binding on a technical level, but I don't think this spec is the place to discuss the legal implications that this might have. If the spec does not make statements concerning the intended legal implications of a

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread Thomas Roessler
On 2006-09-06 12:47:09 -0400, Bob Wyman wrote: The authors of the specification have, I think, not only good reason to state their intention but an obligation to do so. Warning implementers that the use of the license link may not, in at least some situations and in some legal systems,

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread Wendy Seltzer
At 12:29 PM 9/6/2006, John Panzer wrote: Bob Wyman wrote: ... The most interesting cases will be those licenses that attempt to assert limitations to rights which would normally be considered to be granted to consumers of feeds. Such rights would include things like Fair Use and implied

RE: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread Bob Wyman
Wendy Seltzer wrote: The concern about limiting implied licenses is important... If the rfc encourages people to add licenses, it opens up the possibility that their explicit terms will contradict and override what has previously been implied. This is precisely why I have normally

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread Antone Roundy
On Sep 6, 2006, at 7:51 AM, James M Snell wrote: The problem with specifying a per-feed default license is that there is currently no way of explicitly indicating that an entry does not have a license or that any particular entry should not inherit the default feed-level license. With

RE: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread Bob Wyman
Antone Roundy wrote: With respect to the issue of aggregate feeds, I had thought that the existence of an atom:source element at the entry level blocked any inheritance of the feed metadata, but looking at RFC 4287, I don't see that explicitly stated. It's not explicit, but it is

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread David Powell
Wednesday, September 6, 2006, 11:38:13 AM, you wrote: So, here's the proposal: - Use link rel=license/ for entry licenses -- either on the feed level, setting a default analogous to what atom:rights does, or on the element level. I think that there are data modelling issues with this

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-06 Thread Karl Dubost
Le 7 sept. 06 à 01:29, John Panzer a écrit : This is a critical point. Without this, implementors cannot safely ignore licenses they don't understand (falling back to things like fair use if they can't find any licenses that grant additional copying rights). This means that implementors

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-05 Thread James M Snell
Hello Thomas, Thank you for taking the time to review the draft. I have cc'd this response to the atom-syntax list so that others in the Atom community can comment. Comments below. Thomas Roessler wrote: Hi Mike, James, pleased to meet you. I'm adding Wendy Seltzer to the CC list, who (I

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-05 Thread James M Snell
Hello Wendy, Thanks for the feedback. I've cc'd the atom-syntax list so the rest of the Atom community can comment. Comments below. Wendy Seltzer wrote: Hi all, So my first thoughts upon seeing the draft are to wonder why it's necessary to make assertions about the legal effects of

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-05 Thread Wendy Seltzer
At 04:08 PM 9/5/2006 -0700, James M Snell wrote: Hello Wendy, Thanks for the feedback. I've cc'd the atom-syntax list so the rest of the Atom community can comment. Thanks James, I'm still not clear on what's happening in 1.1. 1.1 It must also be noted that licenses associated with

Re: atom license extension (Re: [cc-tab] *important* heads up)

2006-09-05 Thread James M Snell
Comments below. Wendy Seltzer wrote: [snip] Thanks James, I'm still not clear on what's happening in 1.1. [snip] To this point I've received exactly the opposite feedback from others (all of whom weren't lawyers, btw, but who have had experience with licensing issues in the past). It