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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: Fair-use data in svn
Date Sun, 07 Nov 2010 03:23:14 GMT
----- Original Message ----

> From: Benson Margulies <bimargulies@gmail.com>
> To: legal-discuss@apache.org
> Sent: Sat, November 6, 2010 11:21:29 PM
> Subject: Re: Fair-use data in svn
> 
> On Sat, Nov 6, 2010 at 11:17 PM, Joe Schaefer <joe_schaefer@yahoo.com>  wrote:
> > The SpamAsssassin stuff lives in a virtual host provided
> >  by Apache.  That is how I would go about acquiring the
> > copyrighted  content without redistributing it to anyone
> > other than those with an  account on the virtual host.
> >
> 
> How do we decide who gets an  account?

By applying common sense.

> 
> >
> >
> > ----- Original Message ----
> >>  From: Benson Margulies <bimargulies@gmail.com>
> >>  To: legal-discuss@apache.org
> >>  Sent: Sat, November 6, 2010 11:13:39 PM
> >> Subject: Re: Fair-use data  in svn
> >>
> >> Larry,
> >>
> >> Before I type  anything else, I'd better say, "Thank you, I  now
> >> appreciate that  'fair use' has nothing much to do with the  practical
> >> matter at  hand."
> >>
> >> The process of building NLP models has  three  parts: first, collect a
> >> corpus. Second, annotate it. Third, build a   model.
> >>
> >> My original query here concerns the ability of  the ASF to host  the
> >> first part -- in the case where the desired  corpus is made up  of
> >> copyrighted materials for which no special  permissions have  been
> >> obtained. What I think I've learned from this  discussion is that  the
> >> usual ASF practice -- all 'source' materials  are in the source  tree,
> >> available to anyone -- is essentially a  publication that is likely  to
> >> infringe on  copyright.
> >>
> >> So, unless the ASF is willing to sanction an   alternative process to
> >> checking everything into the public source  tree, ASF  projects can't do
> >> this entire process. Not because the  models, as per your  most recent
> >> message, themselves can infringe,  but because the publication of  the
> >> source materials would. I did  want to double-check my belief that  a
> >> model derived from text was  not, on its face, a derived work that
> >> could  infringe -- before I  bothered anyone any further about this.
> >>
> >> So, in my  mind,  this brings us to the question of how the ASF could
> >> serve as a   collection point for copyrighted corpora. The answer might
> >> be, "It  can't."  Dan Kulp raised what to me is the obvious alternative:
> >> some  storage  accessible to committers but not the general public.
> >> Since  this is the  legal-discuss list, it strikes me as sensible for
> >> this  discussion to discover  those strategies that are *legally*
> >>  reasonable (if any), and leave it to,  well, the board, to decide if
> >>  any of those are tolerable from the standpoint  of the Foundation's
> >>  goals. So, if I use a spider to grab a large amount of  copyrighted
> >>  material, how narrowly do I have to control its distribution to   avoid
> >> infringement? The spamassasin example seems apposite, and I  wish  that
> >> Daryl would give more details about where the ham is kept  and who  has
> >> access to it, and what legal determination went into  setting up  the
> >> whole  business.
> >>
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> >>
> >>
> >
> >
> >
> >
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> >
> >
> 
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> 


      

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