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From "Matthieu Riou" <matth...@offthelip.org>
Subject Re: Source tar ball != svn tag (was: Re: [VOTE] Approve release CXF 2.0.5-incubator)
Date Sun, 30 Mar 2008 17:19:30 GMT
On 3/29/08, Santiago Gala <sgala@apache.org> wrote:
>
>
> El jue, 27-03-2008 a las 21:42 -0700, Matthieu Riou escribió:
> (...snip...)
>
> > 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
> paintings)...
>
>
>
> > 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.


So what makes you pretty sure public access to a SCM amounts to distribution
in the definition of publication? AFAICT, there's still no purpose of
distribution. We don't offer the download of a tarball from our
repositories. That others offer doesn't change what our source repository
is.

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.


Which means that these pakages, if they're produced and published with an
intent to be distributed could very well be a publication. Still doesn't
mean that offering a repository is by itself a publication.

Cheers,
Matthieu

Regards
> Santiago
>
>
> > Cheers,
> > Matthieu
>
>
> --
> Santiago Gala
> http://memojo.com/~sgala/blog/
>
>
>
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