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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: Fair-use data in svn
Date Sun, 07 Nov 2010 03:17:35 GMT
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.

----- 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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