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From: "Lawrence Rosen" <lrosen@rosenlaw.com>
To: <legal-discuss@apache.org>
References: <E50A5D04-7C59-4377-AADE-E88284DDD32C@apache.org>
Subject: RE: Data Donation
Date: Mon, 10 Nov 2008 09:16:13 -0800
Organization: Rosenlaw & Einschlag
Message-ID: <91FC1ABDAD2B457BBCCF06223F66B838@LROSENTOSHIBA>
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Grant Ingersoll asked:
> At any rate, what do others think?  Would it be an issue if the ASF
> distributed this data?

If ASF were to distribute certain blog data ourselves, we would have to take
reasonable steps to honor whatever copyrights exist in that data. Do I
understand correctly that this is an option that we're *not* interested in
pursuing?

We shouldn't be concerned about reading anything at all that someone else
makes accessible in a public way without restriction. That does not involve
our copying and distribution, except peripherally through our individual
browsers. That is like reading a book in a library; we don't concern
ourselves whether the library itself has honored copyrights.

If I'm misunderstanding this offer, please explain.

/Larry


> -----Original Message-----
> From: Grant Ingersoll [mailto:gsingers@apache.org]
> Sent: Monday, November 10, 2008 7:46 AM
> To: legal-discuss@apache.org
> Subject: Data Donation
> 
> Hi,
> 
> I have a contact from a company that distributes blog data who is
> willing to donate/provide access to the data without restrictions.
> It's about 50 GBs and is of limited commercial value to them, since it
> is older data.  It, however, useful to us in Lucene.  The main concern
> I have at this point, that I can't quite get my head, is the notion of
> copyright on the data.  There are two scenarios, I think:
> 
> 1. They host the data and we merely link to it.
> 
> 2. We host the data and make it available to all.
> 
> In case #1, I don't think there is really an issue w/ copyright, since
> people are downloading it themselves, we are just providing a link.
> In case #2, it seems a little fuzzier.  The company explicitly tells
> their customers that it is up to the person downloading to respect the
> copyright laws of their jurisdiction.  In other words, they are merely
> facilitating access.  I think the case is similar to the one that
> Google makes in terms of their caching of webpages.   I don't know if
> this argument is just putting their head in the sand or not.  I
> suppose it would come down to whether or not a blogger would sue over
> inclusion of their site in the collection.
> 
> As of now, let's assume the company honors robots.txt when crawling,
> if that matters at all in your responses.  I don't know if they do or
> not, but I would guess they do.
> 
> At any rate, what do others think?  Would it be an issue if the ASF
> distributed this data?
> 
> -Grant
> 
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