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From Benson Margulies <bimargul...@gmail.com>
Subject Re: Fair-use data in svn
Date Sun, 07 Nov 2010 03:21:29 GMT
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?

>
>
> ----- 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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