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From Niclas Hedhman <nic...@hedhman.org>
Subject Re: How documentation != code, and how to "do" policy (was: Re: Publishing api docs for Subversion)
Date Tue, 08 Dec 2009 05:51:16 GMT
On Tue, Dec 8, 2009 at 1:29 PM, William A. Rowe Jr. <wrowe@rowe-clan.net> wrote:
> Niclas Hedhman wrote:
>>
>> So, any policy in the area is not really bound in the legal space, and
>> more in the 'representation of ASF'-space.
>
> No, there is a legal distinction between work-product (the intermediate
> steps) and a publication.  Posts like this might attempt to muddy the
> distinction, so it's our job to communicate to the general public which
> bucket is which, and where they can find them.

Uhhhh.... So this is a USA-specific concept?

>From my experience (Sweden, now under EU Law), there is two central
concepts (regarding "publish") of work under Copyright; a) Right to
Copy, b) "Making available to the public" vs "private use".
For instance; I have the right to copy a CD for private use, incl
giving it to a friend. I don't have the right to copy a CD and make it
available to the public, not even work colleagues.
Apache's dev section is not "private use" and therefor would fall
under "making available to the public".

Absurd Example; "I have obtained the right to make derivative work
(for instance paying money for it) of a famous song, with some strong
restrictions. The end result will be a freely downloadable work. So, I
create my "work-product" which is the original song, and have that
available to the public for download...." No way that there is room in
the law for that... Because then you could claim, "Oh, this full copy
of the book is 'work-product' since I will have an excerpt under 'fair
use' in my book, and the full book will not be part of the end
result."

Sorry, I don't buy it, that US law can be that flimsy. My guess is
that "work-product" is only applicable in closed environments (i.e.
not public), but I think you need to point me to the legislation in
question.


Cheers
-- 
Niclas Hedhman, Software Developer
http://www.qi4j.org - New Energy for Java

I  live here; http://tinyurl.com/2qq9er
I  work here; http://tinyurl.com/2ymelc
I relax here; http://tinyurl.com/2cgsug

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