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From Nirk Niggler <nirk.nigg...@gmail.com>
Subject Re: Please remove my file from your svn
Date Fri, 13 Dec 2013 03:28:13 GMT
Chris:

If you read my reply, you would see that I actually agree with you.  If
Raiko cannot certify that the file can be distributed under the same
license terms as Apache POI, the file should be removed.

I asked for clarification because IP issues in academia are rarely
clear-cut. For example, if you received a scholarship of any sort (or were
part of a funded graduate program), exception 5.1.3 would actually apply
unless you obtained a written statement as described in section 5.4 (and
this would be an exercise in futility)

That being said, if you are serious about going down this route, I would
also suggest suggest going after others who are hosting the file, such as
docstoc
http://www.docstoc.com/docs/24138033/Tagging-with-Hidden-Markov-Models(shared
by rbb85147
http://www.docstoc.com/profile/rbb85147) and going after others that have
publicly available mirrors of POI.  A quick search on github reveals a few
mirrors, including:

-
https://github.com/orione/POI/blob/master/test-data/slideshow/PictureLengthZero.ppt
-
https://github.com/samchuang/zkpoi/blob/master/test-data/slideshow/PictureLengthZero.ppt
-
https://github.com/tay204/VendorInterface/blob/master/poi-3.9/test-data/slideshow/PictureLengthZero.ppt




On Thu, Dec 12, 2013 at 8:55 PM, Chris Demwell <cdemwell@gmail.com> wrote:

> Hi Nirk,
>
> I would like to reiterate that this file is probably of negative value to
> you: I have mentioned this is *not a Microsoft Office file* and therefore
> seems unlikely to be a good test case for your project.
>
> I am disappointed that I have to go into this: regardless of any terms of
> ownership between SFU and myself, the ASF and the POI project are not party
> to those terms. In any case, as it happens I'm aware of the terms from SFU
> and sought such clarification immediately upon enrolment. This content was
> a talk I gave as part of a special topics discussion course and not as
> "homework". The terms can be seen at
> http://www.sfu.ca/policies/gazette/research/r30-03.html - specifically,
> section 5.1 applies:
>
> "5.1 Although the University has the right to require assignment of an
> interest in IP created by a University Member through the use of its
> resources, the full ownership of IP and all rights pertaining to ownership
> are vested in the Creator, unless the Creator has entered into an agreement
> with the University to the contrary."
>
> There are several exceptions listed, none of which apply to this file. This
> is my IP, and more importantly it is not yours, nor Raiko's, nor do you
> have license from SFU. Other than that I think we agree about the legal
> situation. The waters are not muddy, you do not have license to this file.
>
> Please remove it from your svn history or inform me that you don't intend
> to do so.
>
>
>
>
> On Thu, Dec 12, 2013 at 4:40 PM, Nirk Niggler <nirk.niggler@gmail.com
> >wrote:
>
> > Chris:
> >
> > A cursory google search reveals that this was part of a class project and
> > is publicly available at
> > http://www.cs.sfu.ca/~anoop/courses/CMPT-882-Fall-2002/chris.ppt, which
> > somewhat muddies the waters (you'd have to get clarification from your
> > school regarding the IP rights associated with class homework and
> projects).
> >
> > Eric:
> >
> > While there is no obvious confidential information in the document, the
> > original contributor Raiko Eckstein violated the terms of the bugzilla <
> > https://issues.apache.org/bugzilla/createaccount.cgi>
> >
> > > "Certify that any object code, source code, patch, documentation, etc.
> > that you may supply to an Apache project can be redistributed under the
> > same license terms and conditions as the project itself."
> >
> > That alone should be grounds for removal.
> >
> >
> >
> > On Thu, Dec 12, 2013 at 7:14 PM, Eric Peters <Eric@peters.org> wrote:
> >
> >> I have nothing to do with the POI Apache project, other than being a
> user,
> >> never contributed, nor have anything to associate other than being on
> this
> >> mailing list - but I'd say chill the f*** out.
> >>
> >> The relative harms for the debug test file is probably negligible, and
> in
> >> the grand scheme of things, its probably not using your IP at all,
> rather
> >> the factual bytes that were generated by OpenOffice, or usable under US
> >> Fair Use, as long as the  (which is the same/similar file type to MS
> >> Powerpoint, which is sort of the point of the example file)
> >>
> >> Your copyright standpoint on the file, its feasible to recreate the PPT
> to
> >> re-illustrate the failed code, that might have some similarities to your
> >> original file but not be a byte-by-byte representation of the code, and
> it
> >> wouldn't pass a copyright muster (assuming you even filed for copyright
> >> protections)
> >>
> >> Take a deep breath, and find something productive to do.
> >>
> >> -Eric
> >>
> >>
> >> On Thu, Dec 12, 2013 at 10:56 AM, Chris Demwell <cdemwell@gmail.com>
> >> wrote:
> >>
> >> > Hi,
> >> >
> >> > In 2007, someone uploaded my IP to your bug tracker in
> >> > https://issues.apache.org/bugzilla/show_bug.cgi?id=41357 - that
> person
> >> did
> >> > not have license to use my IP, and therefore you also do not. You
> >> continue
> >> > to host that file in your svn:
> >> >
> >> >
> >>
> http://svn.apache.org/repos/asf/poi/trunk/test-data/slideshow/PictureLengthZero.ppt-
> >> > please remove it from your svn history.
> >> >
> >> > I would also point out that someone sending you a file to help you
> >> solve a
> >> > bug does not automatically or implicitly grant the legal right to use
> >> the
> >> > file for any other purpose, store, and certainly not republish the
> file.
> >> > You are likely illegally republishing other files as part of the test
> >> > directory in your svn and I humbly suggest that your only course of
> >> action
> >> > is to remove those files that you do not explicitly know that you are
> >> > licensed to redistribute.
> >> >
> >> > Much more collegially, that PPT was an export from OpenOffice.org (ie,
> >> not
> >> > created by MS Powerpoint) and therefore may not be an appropriate test
> >> file
> >> > for your project. I'm sorry if this has caused you any consternation
> in
> >> > designing or maintaining your project. Thanks for your contributions
> to
> >> > open source software - while I don't use POI I still have great
> respect
> >> for
> >> > your work.
> >> >
> >> > Thanks,
> >> >
> >> > Chris Demwell
> >> >
> >>
> >
> >
>

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