Re: [License-discuss] Looking for a license agreement.

2011-10-07 Thread Chad Perrin
On Fri, Oct 07, 2011 at 01:13:26AM -0400, Rudy Lippan wrote:
 
 That is a tough one for me.  I don't think that a list factual data itself is
 deserving of copyright protections esp. when the data cannot be recreated by
 someone else. 

This may be a touch off-topic for this list, but . . . why would you want
to grant someone the ability to prohibit others from using *facts* by the
simple expedient of (for instance) alphabetizing a list of facts?  That's
insane.  In a time when even the ability to maintain a monopoly over
things that have been *created* is becoming controversial, someone
asserting a monopoly over information that has been *found* seems quite
regressive and, frankly, harmful.


 
 Do you think that it would be compatible with open source for super-
 data-munger(TM) 1.3 to say, if you download* databases form the munger 
 network(TM)+
 and use super-data-munger to process the data, you must re-release the 
 product 
 of your munging along with your munger ruleset(TM) to the munger$ network?
 
 I ask because this is related to another project with which I am involved.

That seems to me like a Terms of Service issue.

-- 
Chad Perrin [ original content licensed OWL: http://owl.apotheon.org ]


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Re: [License-discuss] Looking for a license agreement.

2011-10-07 Thread David Woolley

Chad Perrin wrote:
someone else. 


This may be a touch off-topic for this list, but . . . why would you want
to grant someone the ability to prohibit others from using *facts* by the
simple expedient of (for instance) alphabetizing a list of facts?  That's
insane.  In a time when even the ability to maintain a monopoly over
things that have been *created* is becoming controversial, someone
asserting a monopoly over information that has been *found* seems quite
regressive and, frankly, harmful.



Database copyrights are not like patents.  As long as you obtain the 
fact independently, you can publish them.  Telephone directories and 
maps have bogus entries to help detect whether a competing compilation 
is truly independent.


--
David Woolley
Emails are not formal business letters, whatever businesses may want.
RFC1855 says there should be an address here, but, in a world of spam,
that is no longer good advice, as archive address hiding may not work.
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Re: [License-discuss] Looking for a license agreement.

2011-10-07 Thread John Cowan
David Woolley scripsit:

 Database copyrights are not like patents.  As long as you obtain the
 fact independently, you can publish them.  Telephone directories and
 maps have bogus entries to help detect whether a competing compilation
 is truly independent.

Maps, I hasten to say, are copyrightable in the U.S., although facts in
the maps (like London is in England) and about the maps (Anytown USA
is in grid square N1 on such-and-such a map) are not.  The map itself,
however, requires the selection of which facts to present and the choice
of a manner of presentation, and as such is more than creative enough to
be an object of copyright.

-- 
La mayyitan ma qadirun yatabaqqa sarmadiJohn Cowan
Fa idha yaji' al-shudhdhadh fa-l-maut qad yantahi.  co...@ccil.org
--Abdullah al-Hazred, Al-`Azif  http://www.ccil.org/~cowan
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Re: [License-discuss] Looking for a license agreement.

2011-10-07 Thread David Woolley

John Cowan wrote:

David Woolley scripsit:


Database copyrights are not like patents.  As long as you obtain the
fact independently, you can publish them.  Telephone directories and
maps have bogus entries to help detect whether a competing compilation
is truly independent.


Maps, I hasten to say, are copyrightable in the U.S., although facts in
the maps (like London is in England) and about the maps (Anytown USA
is in grid square N1 on such-and-such a map) are not.  The map itself,
however, requires the selection of which facts to present and the choice
of a manner of presentation, and as such is more than creative enough to
be an object of copyright.

Rather worrying and rather relevant to this, thread, an American company 
is suing the (American) individual who maintains the timezone data used 
in Linux and other open source and proprietary software, for alleged 
infringement of their copyright on the historic timezone data, which 
they allege that  he has copied from their publication and has 
attributed that publication as source.


http://yro.slashdot.org/story/11/10/06/1743226/civil-suit-filed-involving-the-time-zone-database


--
David Woolley
Emails are not formal business letters, whatever businesses may want.
RFC1855 says there should be an address here, but, in a world of spam,
that is no longer good advice, as archive address hiding may not work.
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Re: [License-discuss] Looking for a license agreement.

2011-10-07 Thread Chad Perrin
On Fri, Oct 07, 2011 at 04:09:24PM +0100, David Woolley wrote:
 Chad Perrin wrote:
 
 This may be a touch off-topic for this list, but . . . why would you want
 to grant someone the ability to prohibit others from using *facts* by the
 simple expedient of (for instance) alphabetizing a list of facts?  That's
 insane.  In a time when even the ability to maintain a monopoly over
 things that have been *created* is becoming controversial, someone
 asserting a monopoly over information that has been *found* seems quite
 regressive and, frankly, harmful.
 
 Database copyrights are not like patents.  As long as you obtain the 
 fact independently, you can publish them.  Telephone directories and 
 maps have bogus entries to help detect whether a competing compilation 
 is truly independent.

The very existence of a copyright is a threat to others who deal in the
material, because of the potential for expensive litigation regardless of
the expected outcome if all parties are able to see it through to
judgment.  In the real world, the legal system is a bit more of a problem
than the letter of the law might suggest.  That, at least, is what I have
observed.

-- 
Chad Perrin [ original content licensed OWL: http://owl.apotheon.org ]


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Re: [License-discuss] Looking for a license agreement.

2011-10-07 Thread Chris Travers
On Fri, Oct 7, 2011 at 8:09 AM, David Woolley
for...@david-woolley.me.uk wrote:
 Chad Perrin wrote:

 someone else.

 This may be a touch off-topic for this list, but . . . why would you want
 to grant someone the ability to prohibit others from using *facts* by the
 simple expedient of (for instance) alphabetizing a list of facts?  That's
 insane.  In a time when even the ability to maintain a monopoly over
 things that have been *created* is becoming controversial, someone
 asserting a monopoly over information that has been *found* seems quite
 regressive and, frankly, harmful.


 Database copyrights are not like patents.  As long as you obtain the fact
 independently, you can publish them.  Telephone directories and maps have
 bogus entries to help detect whether a competing compilation is truly
 independent.

Darn it!  I was still hoping to get my copy of Flags Up! by Lillian
Mountweazel.

Best Wishes,
Chris Travers
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Re: [License-discuss] Looking for a license agreement.

2011-10-07 Thread Rick Moen
Quoting David Woolley (for...@david-woolley.me.uk):

 Rather worrying and rather relevant to this, thread, an American
 company is suing the (American) individual who maintains the
 timezone data used in Linux and other open source and proprietary
 software, for alleged infringement of their copyright on the
 historic timezone data, which they allege that  he has copied from
 their publication and has attributed that publication as source.

Nothing in the blue-sky, vague notions[1] discussed upthread could
possibly avert utterly baseless ab-initio civil litigation by a deluded
plaintiff for non-existent infringement of non-existent copyrights
supposedly committed by fully credited reuse of strictly functional
facts over the 30-year period.  Because filing requires only a fee, a
half-baked idea, and some paperwork.

So, prevention is out.  Deterrence on the other hand exists:  Rule 11(b),
Federal Rules of Evidence.

http://www.law.cornell.edu/rules/frcp/Rule11.htm

I hope defence in this case files immediately for sanctions under Rule
11(b).

[1] My opinion, yours for a small fee and a modest patent indemnity.

-- 
Rick Moen  So as not to offend readers, use 
r...@linuxmafia.com'the N-word' instead of 'Nebraska'.
McQ!  (4x80)-- FakeAPStylebook
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