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From "Dennis E. Hamilton" <dennis.hamil...@acm.org>
Subject RE: [all] NSWC and Apache license
Date Fri, 10 Aug 2012 20:55:53 GMT
Just a quick note to ensure that people understand that copyright cannot be claimed on public
domain works.  So, for a derivative, it might be valuable to regard the public-domain original
as a third-party work with a type A license.  Then it is clear that any application of the
Apache License applies to the changes and the overall changed document, not the remnants of
the original work.  

Translations are an odd case.  Technically, making translations is also an exclusive right
of copyright holders,  but the translation of code between programming languages seems murky
territory to me.  If one were to reverse engineer the Fortran procedures and then re-implement
the abstracted functions in the styles and idioms of another programming language, this might
be use of the idea (function) more than of the expression (that which is subject to copyright).

I don't know what the Fortran translation requires.  For myself, I would always acknowledge
the provenance of the ideas if not the expression, and say where the original is obtained
as well.  That's perhaps more of a scholarly community requirement than what ASF might require
in the case at hand.

 - Dennis 


-----Original Message-----
From: Sébastien Brisard [mailto:sebastien.brisard@m4x.org] 
Sent: Thursday, August 09, 2012 22:14
To: legal-discuss@apache.org
Subject: Re: [all] NSWC and Apache license

[ ... ]

If I understand correctly, there is no copyright on the material
distributed by the US government, unless otherwise stated

"THEREFORE, you must carefully review and respect the copyright
notices and other legends on all documents that you download from
DTIC’s Web site and obtain permission from the copyright holder if you
wish to reproduce and distribute the copyrighted material separately
in another context."

Since there is no copyright notice on the FORTRAN file, I will start
porting the parts that interest me in CM3. Let's see if their algos
are more accurate...
If anyone thinks that this is wrong,  please let me know.

Best regards,
Sébastien

[1] http://www.dtic.mil/dtic/pdf/announcements/CopyrightGuidance.pdf


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