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From Jukka Zitting <jukka.zitt...@gmail.com>
Subject Re: Fair-use data in svn
Date Fri, 05 Nov 2010 08:56:46 GMT

On Fri, Nov 5, 2010 at 10:07 AM, Sim IJskes <sijskes@apache.org> wrote:
> Wouldn't data publicly accesible in jira be just another case of
> redistribution? And by this falling within the scope of copyright
> in many jurisdictions?

Sure, but the "purpose and character" of a Jira attachment is much
more limited than that of an official Apache release. Plus the need
for explicitly documenting the licensing status is much more relaxed.
We have lots of non-licensed Jira attachments that (at least to my
layman mind) clearly fall within fair use for research purposes.

Re: explicit permission. I'd only consider going through that trouble
if we're talking about really substantial amounts of data. If I
understood correctly, Benson was only looking for things like a few
representative pages per site, so the "amount and substantiality"
criteria for fair use would clearly be met and no explicit permission
should be needed.


Jukka Zitting

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