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From Santiago Gala <>
Subject Re: Source tar ball != svn tag (was: Re: [VOTE] Approve release CXF 2.0.5-incubator)
Date Sat, 29 Mar 2008 14:51:24 GMT

El jue, 27-03-2008 a las 21:42 -0700, Matthieu Riou escribió:
> From what I understand of copyright law, it's not (of course IANAL,
> etc...).
> Distribution (or publication in copyright lingo) is defined as:
>     "Publication" is the distribution of copies or phonorecords of a
> work
>     to the public by sale or other transfer of ownership, or by
> rental,
> lease,
>     or lending. The offering to distribute copies or phonorecords to a
> group
>     of persons for purposes of further distribution, public
> performance, or
>     public display, constitutes publication. A public performance or
> display
>     of a work does not of itself constitute publication.

The way it is written I take performance/display in the sense of
"executing" the score (for music), playing the play (for theater),
showing the movie, reading the poetry, exhibiting (displaying, for

> A source repository is in the category of "public performance or
> display",
> there's no purpose of further distribution. It doesn't constitute
> publication.

I'd say that "performance" of software is executing it (like in music or
theater, software is a "dynamic art"). Now I'm not sure if the "public"
word stretches the meaning too much. But I'm pretty much sure that
giving public access to a SCM repository amounts to distribution. Just
notice how trac, git, mercurial and other UIs for SCM offer the download
of a tarball for arbitrary revisions, for instance.

Re: the purpose of further distribution, gentoo, just to give an
example, offers sometimes -svn/-git/-cvs versioned packages, and those
are built by accessing the SCM repository, checking out a HEAD copy,
building the binaries and installing. I've seen this kind of packages
(repackaged) in debian and rpm distributions too. and I've seen plenty
of XXX-patched-cvs-200XXXXX.tgz/jar files in our own distributions.


> Cheers,
> Matthieu

Santiago Gala

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