Actually, NOW would be the time to contribute feedback to the OWF,
since there's a good amount of momentum converging on finalizing the
various agreements that the OWF will be offering.

Changing the licenses once they're set won't be easy — since the point
of the agreement is to codify a specific and particular understanding
of the ownership model (or non-ownership desire) of a group of
implementors.

The first agreement is here:

http://openwebfoundation.org/legal/agreement/

Meanwhile, feedback should be submitted here:

http://groups.google.com/group/open-web-legal-drafting

Chris

On Jan 24, 2:36 am, Jesse Stay <[email protected]> wrote:
> I think the OWF agreement is an excellent idea - I'd love to see Twitter
> join in that agreement with its developers.  If Twitter has concerns with it
> I'd love to see them get involved in the OWF discussions and perhaps the
> agreement could be modified to meet Twitter's needs.  Why reinvent the
> wheel?
>
> Jesse
>
>
>
> On Sat, Jan 23, 2010 at 6:28 PM, DeWitt Clinton <[email protected]> wrote:
> > Thanks for the update, Ryan.  And thanks for the compliment on the Google
> > Code policies page -- that page was one of the first things I launched at
> > Google back when we were being asked the exact same questions.
>
> > We also added patent licences, which follow this general format:
>
> >  http://code.google.com/apis/gdata/patent-license.html
>
> > Granted, that license is maybe even more liberal than most implementors
> > require.   Also, that was before we had a reusable patent agreement, such as
> > the OWFa:http://openwebfoundation.org/legal/agreement/.  If I did
> > something new outside Google I'd probably go the OWF route now.
>
> > Trademark is trickier.  I'm not sure we've quite nailed it yet at Google,
> > actually.  But the basic framework might be a statement that enumerates
> > specific marks and lists specific appropriate usages.  You can always add to
> > that list over time, and this would protect Twitter's rights in the cases
> > you haven't anticipated yet.
>
> > Thanks again for pushing this forward.  Cheers,
>
> > -DeWitt
>
> > On Sat, Jan 23, 2010 at 11:28 AM, Ryan Sarver <[email protected]> wrote:
>
> >> DeWitt,
>
> >> Thanks for the serious patience on this thread. We're constantly trying to
> >> adapt to the needs of the developer community, and you're right that we
> >> haven't published guidelines around use of the Twitter API specifications.
> >> But, we are working on it and I wanted to share some of the thought that
> >> will help drive the policy.
>
> >> What we do know is that there is a clear need for a flexible, friendly and
> >> responsible policy. Policies such as this one (
> >>http://code.google.com/policies.html#restrictions) are a good start, and
> >> I can share some principles we'd like to live by. CC-BY should apply to a
> >> lot of the tools we release. You should be able to copy, modify and make
> >> derivatives of our specifications (with attribution). We shouldn't throw
> >> arbitrary roadblocks in your way, such as preventing you from naming a
> >> library "tweet." And last, we shouldn't pester you for utilizing our 
> >> patents
> >> underlying these specifications.
>
> >> These are flexible and friendly principles, and in exchange we ask the
> >> development community to act responsibly. For example, naming a library
> >> "twitter" is one thing. Naming your application "twitter" is quite another.
>
> >> We hear you loud and clear, so please bear with us as we translate these
> >> principles into official policy.
>
> >> Thanks again for your patience and interest :)
>
> >> Best, Ryan
>
> >> On Tue, Nov 24, 2009 at 9:12 AM, DeWitt Clinton <[email protected]>wrote:
>
> >>> Hi all,
>
> >>> I recently received a request to implement the "retweet" api calls in the
> >>> python-twitter and java-twitter libraries, but before I proceed I was 
> >>> hoping
> >>> for a bit of clarification around the licensing terms for the Twitter API.
>
> >>> My layman's understanding is that without explicit terms there are
> >>> relatively few rights offered by default regarding a specification.  In
> >>> particular, I have a few questions about copyright, trademark, and patents
> >>> rights being offered to implementors of the Twitter API.  My longstanding
> >>> sense is that Twitter has indicated the spirit of offering the API under
> >>> generally permissive usage rights, so hopefully this thread can move the
> >>> discussion forward a bit and perhaps turn that spirit into something more
> >>> formal.
>
> >>> *Copyright*
>
> >>> **Question: Under what terms may third-party library and application
> >>> developers use the text and images associated with the Twitter API
> >>> specification?
>
> >>> Example use case:  Third-party library developers would like to copy
> >>> and/or modify the text of the Twitter API specification in the library's
> >>> documentation.  This is preferred over inventing new text for the
> >>> documentation, the meaning of which could deviate from the canonical 
> >>> version
> >>> in the Twitter API specification.
>
> >>> Potential concern:  Without a copyright license, implementors may not be
> >>> permitted to use or reuse the Twitter API specification text in 
> >>> third-party
> >>> library documentation.
>
> >>> Current state:  While the Twitter API specification itself doesn't
> >>> mention copyright, the Twitter Terms of Service (http://twitter.com/tos) 
> >>> state:
> >>> "The Services are protected by copyright, trademark, and other laws of 
> >>> both
> >>> the United States and foreign countries," which could reasonably be
> >>> interpreted to apply to the Twitter API service as well.
>
> >>> Possible desired outcome:  The Twitter API specification is made
> >>> available under a permissive and derivative works-friendly copyright
> >>> license, such as the Creative Commons BY or BY-SA license.
>
> >>> *Trademark*
>
> >>> Question: Under what terms may third-party library and application
> >>> developers use the various registered service marks of Twitter, Inc?
>
> >>> Example use case:  Third-party library authors would like to use the
> >>> words "twitter", "tweet", "retweet" (all live service marks of Twitter, 
> >>> Inc)
> >>> in their libraries.  This is preferred over third-party library authors
> >>> inventing new terms for API methods such as "retweet".
>
> >>> Potential concern: Without terms that specify where and how the various
> >>> registered marks can be used, third-party library implementors may or may
> >>> not be permitted to use terms such as "twitter", "tweet", "retweet", etc.,
> >>> in their libraries.
>
> >>> Current state:  The Twitter Terms of Service (http://twitter.com/tos)
> >>> appear to prohibit such use: "Nothing in the Terms gives you a right to 
> >>> use
> >>> the Twitter name or any of the Twitter trademarks, logos, domain names, 
> >>> and
> >>> other distinctive brand features."
>
> >>> Possible desired outcome:  Twitter publishes acceptable-use guidelines
> >>> for registered marks in third-party libraries and third-party 
> >>> applications.
>
> >>> *Patent*
>
> >>> Question:  Under what terms may third-party library and application
> >>> developers make use of current or future patent claims made by Twitter, 
> >>> Inc?
>
> >>> Example use cases:  A third-party developer may wish to implement an
> >>> independent service that conforms to the Twitter API method signatures, 
> >>> or a
> >>> third-party developer may wish to implement a library that implements
> >>> portions of the Twitter API on the client.
>
> >>> Potential concern:  Without terms that specify how third-party developers
> >>> may use patent claims (if any) made by Twitter, Inc, implementors assume 
> >>> the
> >>> risk of potentially infringing on current or future claims made by 
> >>> Twitter.
>
> >>> Current state:  Twitter (to my knowledge) has made no statement regarding
> >>> patent claims with respect to implementations of the Twitter API.
>
> >>> Possible desired outcome:  The Twitter API specification is made
> >>> available under a patent agreement, such as the Open Web Foundation
> >>> Agreement (http://openwebfoundation.org/legal/), or a similarly
> >>> permissive agreement, such as the Microsoft Open Specification Promise (
> >>>http://www.microsoft.com/Interop/osp/) or a Google-style patent license
> >>> (http://code.google.com/apis/gdata/patent-license.html).
>
> >>> ...
>
> >>> I realize that these are meaty (and potentially legally sensitive)
> >>> questions of course, and likely ones that are not easily answered in a
> >>> public forum.  However, any feedback from the team would certainly be
> >>> appreciated.
>
> >>> The fact that people are even thinking about these types of questions is
> >>> a good thing, both for open specification development in general, but also
> >>> because it shows how successful and important the Twitter API is today.  
> >>> So
> >>> again, continued success with the API, and I look forward to hearing more
> >>> from the team.
>
> >>> -DeWitt

Reply via email to