Re: Re-using copyrighted code

2013-06-13 Thread Chris Angelico
On Mon, Jun 10, 2013 at 3:22 AM, Mark Janssen dreamingforw...@gmail.com wrote: At least partially, my confusion seems to be caused by the dichotomy of the concepts of copyright and license. How do these relate to each other? A license emerges out of the commercial domain is purely about

Re: Re-using copyrighted code

2013-06-12 Thread Mark Janssen
At least partially, my confusion seems to be caused by the dichotomy of the concepts of copyright and license. How do these relate to each other? A license emerges out of the commercial domain is purely about commercial protections. I should clarify, that commercial protections here means

Re: Re-using copyrighted code

2013-06-10 Thread Malte Forkel
Am 10.06.2013 07:31, schrieb Steven D'Aprano: But bringing it back to the original topic, I believe that the philosophy of FOSS is that we should try our best to honour the intentions of the writer, not to find some legal loophole that permits us to copy his or her work against their

Re: Re-using copyrighted code

2013-06-10 Thread Chris Angelico
On Mon, Jun 10, 2013 at 4:42 PM, Malte Forkel malte.for...@berlin.de wrote: Had I known in the beginning how convoluted things would become, I might have considered two other options: Just publish or keep the code to myself. But I still think, first understanding the legal aspects and then

Re: Re-using copyrighted code

2013-06-10 Thread Mark Janssen
Can you provide any citations for your interpretation? Besides that's what the law should be, I mean. I don't think I even have to: the legal code you're citing above is not very clear, consistent, or well-defined at all. As such, it shows that this area remains an area that has yet to be

Re: Re-using copyrighted code

2013-06-10 Thread Robert Kern
On 2013-06-08 22:31, Malte Forkel wrote: Hello, I have written a small utility to locate errors in regular expressions that I want to upload to PyPI. Before I do that, I would like to learn a litte more about the legal aspects of open-source software. What would be a good introductory reading?

Re: Re-using copyrighted code

2013-06-10 Thread Ethan Furman
On 06/10/2013 05:57 AM, Robert Kern wrote: On 2013-06-08 22:31, Malte Forkel wrote: Hello, I have written a small utility to locate errors in regular expressions that I want to upload to PyPI. Before I do that, I would like to learn a litte more about the legal aspects of open-source

Re: Re-using copyrighted code

2013-06-10 Thread llanitedave
On Sunday, June 9, 2013 2:08:54 PM UTC-7, zipher wrote: Fair use has nothing to do with money. It depends on how the work is used and how you've changed it. Weird Al's song parodies are fair use, even though he sells them. That can't really be claimed without a case being

Re: Re-using copyrighted code

2013-06-10 Thread Joshua Landau
On 10 June 2013 17:29, llanitedave llanited...@veawb.coop wrote: However, I have yet to see an example of source code that qualifies as either parody or satire under any standard. You should try reading Perl. -- http://mail.python.org/mailman/listinfo/python-list

Re: Re-using copyrighted code

2013-06-10 Thread Mark Janssen
Weird Al can be a complex case, because sometimes his songs are true parodies, and sometimes they're more satires. Parody has a pretty firm history of being protected under fair use, and Weird Al's MJ-inspired songs (Fat and Eat It) are clearly parodies. (As is his more recent Lady Gaga

Re: Re-using copyrighted code

2013-06-10 Thread Chris Angelico
On Tue, Jun 11, 2013 at 5:40 AM, Mark Janssen dreamingforw...@gmail.com wrote: Weird Al can be a complex case, because sometimes his songs are true parodies, and sometimes they're more satires. Parody has a pretty firm history of being protected under fair use, and Weird Al's MJ-inspired

Re: Re-using copyrighted code

2013-06-10 Thread llanitedave
On Monday, June 10, 2013 12:40:57 PM UTC-7, zipher wrote: Weird Al can be a complex case, because sometimes his songs are true parodies, and sometimes they're more satires. Parody has a pretty firm history of being protected under fair use, and Weird Al's MJ-inspired songs (Fat and Eat

Re: Re-using copyrighted code

2013-06-10 Thread Steven D'Aprano
On Mon, 10 Jun 2013 08:42:07 +0200, Malte Forkel wrote: Am 10.06.2013 07:31, schrieb Steven D'Aprano: But bringing it back to the original topic, I believe that the philosophy of FOSS is that we should try our best to honour the intentions of the writer, not to find some legal loophole that

Re: Re-using copyrighted code

2013-06-09 Thread Malte Forkel
I have asked the PSF for help regarding the implications of the license status of code from sre_parse.py and the missing license statement in sre.py. I'll happily report their answer to the list I they don't reply in this thread. At least partially, my confusion seems to be caused by the

Re: Re-using copyrighted code

2013-06-09 Thread Kevin Walzer
On 6/8/13 5:31 PM, Malte Forkel wrote: Now, how am I supposed to deal with that? Ask Secret Labs for some kind of permission? Leave it as it is and add my own copyright line? Secret Labs AB is Frederic Lundh, author of the Python Image Library and many bits included in Python's stdlib. Here

Re: Re-using copyrighted code

2013-06-09 Thread Chris Angelico
On Sun, Jun 9, 2013 at 11:21 PM, Malte Forkel malte.for...@berlin.de wrote: At least partially, my confusion seems to be caused by the dichotomy of the concepts of copyright and license. How do these relate to each other? Ah, that one's easy enough to answer! When you create something, you own

Re: Re-using copyrighted code

2013-06-09 Thread Rick Johnson
On Sunday, June 9, 2013 8:21:43 AM UTC-5, Malte Forkel wrote: I have asked the PSF for help regarding the implications of the license status of code from sre_parse.py and the missing license statement in sre.py. I'll happily report their answer to the list I they don't reply in this thread.

Re: Re-using copyrighted code

2013-06-09 Thread Chris Angelico
On Mon, Jun 10, 2013 at 1:10 AM, Rick Johnson rantingrickjohn...@gmail.com wrote: On Sunday, June 9, 2013 8:21:43 AM UTC-5, Malte Forkel wrote: I have asked the PSF for help regarding the implications of the license status of code from sre_parse.py and the missing license statement in sre.py.

Re: Re-using copyrighted code

2013-06-09 Thread Steven D'Aprano
On Sun, 09 Jun 2013 08:10:13 -0700, Rick Johnson wrote: The Secret Labs license is very explicit: All rights reserved. That line means you can't touch it under pain of lawsuit. It's also very explicit that the code can be redistributed. However, there is no explicit rights to modification

Re: Re-using copyrighted code

2013-06-09 Thread Mark Janssen
The Secret Labs license is very explicit: All rights reserved. That line means you can't touch it under pain of lawsuit. That's not true. It means whatever rights they do have, they are stating, in effect, that they have not given them away. But this is a difficult legal point, because by

Re: Re-using copyrighted code

2013-06-09 Thread Chris Angelico
On Mon, Jun 10, 2013 at 1:39 AM, Mark Janssen dreamingforw...@gmail.com wrote: The Secret Labs license is very explicit: All rights reserved. That line means you can't touch it under pain of lawsuit. That's not true. It means whatever rights they do have, they are stating, in effect, that

Re: Re-using copyrighted code

2013-06-09 Thread Mark Janssen
At least partially, my confusion seems to be caused by the dichotomy of the concepts of copyright and license. How do these relate to each other? A license emerges out of the commercial domain is purely about commercial protections. A copyright comes from the academic domain is pure about

Re: Re-using copyrighted code

2013-06-09 Thread Michael Torrie
On 06/09/2013 11:18 AM, Mark Janssen wrote: I understand that I have to pick a license for my package. You actually do not. Attaching a legal document is purely a secondary protection from those who would take away right already granted by US copyright. You are correct, except that the OP

Re: Re-using copyrighted code

2013-06-09 Thread Mark Janssen
On Sun, Jun 9, 2013 at 12:50 PM, Michael Torrie torr...@gmail.com wrote: On 06/09/2013 11:18 AM, Mark Janssen wrote: You actually do not. Attaching a legal document is purely a secondary protection from those who would take away right already granted by US copyright. You are correct, except

Re: Re-using copyrighted code

2013-06-09 Thread Fábio Santos
On 9 Jun 2013 21:39, Mark Janssen dreamingforw...@gmail.com wrote: On Sun, Jun 9, 2013 at 12:50 PM, Michael Torrie torr...@gmail.com wrote: On 06/09/2013 11:18 AM, Mark Janssen wrote: You actually do not. Attaching a legal document is purely a secondary protection from those who would

Re: Re-using copyrighted code

2013-06-09 Thread Benjamin Kaplan
On Sun, Jun 9, 2013 at 1:32 PM, Mark Janssen dreamingforw...@gmail.com wrote: On Sun, Jun 9, 2013 at 12:50 PM, Michael Torrie torr...@gmail.com wrote: On 06/09/2013 11:18 AM, Mark Janssen wrote: You actually do not. Attaching a legal document is purely a secondary protection from those who

Re: Re-using copyrighted code

2013-06-09 Thread Mark Janssen
That's not entirely correct. If he *publishes* his code (I'm using this term publish technically to mean put forth in a way where anyone of the general public can or is encouraged to view), then he is *tacitly* giving up protections that secrecy (or *not* disclosing it) would *automatically*

Re: Re-using copyrighted code

2013-06-09 Thread Chris Angelico
On Mon, Jun 10, 2013 at 6:32 AM, Mark Janssen dreamingforw...@gmail.com wrote: That's not entirely correct. If he *publishes* his code (I'm using this term publish technically to mean put forth in a way where anyone of the general public can or is encouraged to view), then he is *tacitly*

Re: Re-using copyrighted code

2013-06-09 Thread Mark Janssen
(Digression follows.) ...(by Gilbert and Sullivan - one of my other loves), and according to US law at the time, the publication (in this case, public performance, along with the public sale of libretti (books of the words) and some sheet music) of the work voided the authors' claim to

Re: Re-using copyrighted code

2013-06-09 Thread Steven D'Aprano
On Sun, 09 Jun 2013 13:32:00 -0700, Mark Janssen wrote: On Sun, Jun 9, 2013 at 12:50 PM, Michael Torrie torr...@gmail.com wrote: On 06/09/2013 11:18 AM, Mark Janssen wrote: You actually do not. Attaching a legal document is purely a secondary protection from those who would take away right

Re: Re-using copyrighted code

2013-06-09 Thread Steven D'Aprano
On Mon, 10 Jun 2013 08:07:57 +1000, Chris Angelico wrote: On Mon, Jun 10, 2013 at 6:32 AM, Mark Janssen dreamingforw...@gmail.com wrote: That's not entirely correct. If he *publishes* his code (I'm using this term publish technically to mean put forth in a way where anyone of the general

Re: Re-using copyrighted code

2013-06-09 Thread Michael Torrie
On 06/09/2013 02:32 PM, Mark Janssen wrote: PyPi. But if you are *publishing*, there's no court which can protect your IP afterwards from redistribution, unless you explicitly *restrict* it. I am not a lawyer, and I haven't read the copyright act in its entirety, nor have I studied all the

Re: Re-using copyrighted code

2013-06-09 Thread Rick Johnson
On Sunday, June 9, 2013 4:08:54 PM UTC-5, zipher wrote: That's not entirely correct. If he *publishes* his code (I'm using this term publish technically to mean put forth in a way where anyone of the general public can or is encouraged to view), then he is *tacitly* giving up

Re: Re-using copyrighted code

2013-06-09 Thread Mark Janssen
Mark, ever watched TV? Or gone to the movies? Or walked into a bookshop? Listened to the radio? All these things publish copyrighted work. It is utter nonsense that merely publishing something in public gives up the monopoly privileges granted by copyright. That's not correct. Keep in mind,

Re: Re-using copyrighted code

2013-06-09 Thread Benjamin Kaplan
On Sun, Jun 9, 2013 at 6:40 PM, Mark Janssen dreamingforw...@gmail.com wrote: Mark, ever watched TV? Or gone to the movies? Or walked into a bookshop? Listened to the radio? All these things publish copyrighted work. It is utter nonsense that merely publishing something in public gives up the

Re: Re-using copyrighted code

2013-06-09 Thread Mark Janssen
The fact that a work is non commercial is one of several factors that is taken into account when determining fair use. It is not an automatic fair use for non-commercial works. I have no idea where your understanding of copyright law came from, but here is the relevant section of the US legal

Re: Re-using copyrighted code

2013-06-09 Thread Tim Chase
On 2013-06-09 19:30, Mark Janssen wrote: Thanks for digging out the legal code. Upon reading, it is stunningly clear that the legal system has not established a solid framework or arching philosophy in which to contain and express the desire (in law) to protect content creators of all kinds

Re: Re-using copyrighted code

2013-06-09 Thread Mark Janssen
What is clear is the mandate that sets up the framework in the first place: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries -- USC Article I,

Re: Re-using copyrighted code

2013-06-09 Thread Michael Torrie
On 06/09/2013 08:30 PM, Mark Janssen wrote: Can you provide any citations for your interpretation? Besides that's what the law should be, I mean. I don't think I even have to: the legal code you're citing above is not very clear, consistent, or well-defined at all. As such, it shows that

Re: Re-using copyrighted code

2013-06-09 Thread Chris Angelico
On Mon, Jun 10, 2013 at 10:34 AM, Steven D'Aprano steve+comp.lang.pyt...@pearwood.info wrote: On Mon, 10 Jun 2013 08:07:57 +1000, Chris Angelico wrote: On Mon, Jun 10, 2013 at 6:32 AM, Mark Janssen dreamingforw...@gmail.com wrote: That's not entirely correct. If he *publishes* his code (I'm

Re: Re-using copyrighted code

2013-06-09 Thread Mark Janssen
Granted, IANAL, but the scholarly article I linked to above refers to several of the same issues. I don't know about publication revoking *all rights*, but there was definitely an understanding by the court that publication meant a reduction of copyright claim. Again, I don't think I said

Re: Re-using copyrighted code

2013-06-09 Thread Rick Johnson
On Sunday, June 9, 2013 7:26:43 PM UTC-5, Steven D'Aprano wrote: When you listen to a song on the radio, do you know how they have a copyright announcer read out the copyright and explicitly list all the rights they keep after each and every song and advertisment? No, me neither. It doesn't

Re: Re-using copyrighted code

2013-06-09 Thread Steven D'Aprano
On Sun, 09 Jun 2013 14:08:54 -0700, Mark Janssen wrote: I'm sorry, this is just the way it is -- everyone's just gone along with the program tacitly because they get intimidated by the legal system. Your definition of just the way it is does not agree with mine. You're describing how you

Re-using copyrighted code

2013-06-08 Thread Malte Forkel
Hello, I have written a small utility to locate errors in regular expressions that I want to upload to PyPI. Before I do that, I would like to learn a litte more about the legal aspects of open-source software. What would be a good introductory reading? Plus, I have one very specific question:

Re: Re-using copyrighted code

2013-06-08 Thread Andrew Berg
On 2013.06.08 16:31, Malte Forkel wrote: Hello, I have written a small utility to locate errors in regular expressions that I want to upload to PyPI. Before I do that, I would like to learn a litte more about the legal aspects of open-source software. What would be a good introductory

Re: Re-using copyrighted code

2013-06-08 Thread Benjamin Kaplan
On Sat, Jun 8, 2013 at 2:31 PM, Malte Forkel malte.for...@berlin.de wrote: Hello, I have written a small utility to locate errors in regular expressions that I want to upload to PyPI. Before I do that, I would like to learn a litte more about the legal aspects of open-source software. What

Re: Re-using copyrighted code

2013-06-08 Thread Chris Angelico
On Sun, Jun 9, 2013 at 7:31 AM, Malte Forkel malte.for...@berlin.de wrote: # This version of the SRE library can be redistributed under CNRI's # Python 1.6 license. For any other use, please contact Secret Labs # AB (i...@pythonware.com). I presume that's referring to this:

Re: Re-using copyrighted code

2013-06-08 Thread Andrew Berg
On 2013.06.08 17:09, Benjamin Kaplan wrote: On Sat, Jun 8, 2013 at 2:31 PM, Malte Forkel malte.for...@berlin.de wrote: # This version of the SRE library can be redistributed under CNRI's # Python 1.6 license. For any other use, please contact Secret Labs # AB (i...@pythonware.com). # #

Re: Re-using copyrighted code

2013-06-08 Thread Mark Janssen
I can't tell you as a lawyer, but I can tell you that regarding code for non-commercial use, the only supportable case is requiring fair-credit assignment. If reading the original license (which you are obligated to do if you re-use and re-distribute the code), it stipulates that you must

Re: Re-using copyrighted code

2013-06-08 Thread Steven D'Aprano
On Sat, 08 Jun 2013 23:31:10 +0200, Malte Forkel wrote: Hello, I have written a small utility to locate errors in regular expressions that I want to upload to PyPI. Before I do that, I would like to learn a litte more about the legal aspects of open-source software. What would be a good