On Tue, Dec 8, 2009 at 1:29 PM, William A. Rowe Jr. <[email protected]> wrote: > Niclas Hedhman wrote: >> >> So, any policy in the area is not really bound in the legal space, and >> more in the 'representation of ASF'-space. > > No, there is a legal distinction between work-product (the intermediate > steps) and a publication. Posts like this might attempt to muddy the > distinction, so it's our job to communicate to the general public which > bucket is which, and where they can find them.
Uhhhh.... So this is a USA-specific concept? >From my experience (Sweden, now under EU Law), there is two central concepts (regarding "publish") of work under Copyright; a) Right to Copy, b) "Making available to the public" vs "private use". For instance; I have the right to copy a CD for private use, incl giving it to a friend. I don't have the right to copy a CD and make it available to the public, not even work colleagues. Apache's dev section is not "private use" and therefor would fall under "making available to the public". Absurd Example; "I have obtained the right to make derivative work (for instance paying money for it) of a famous song, with some strong restrictions. The end result will be a freely downloadable work. So, I create my "work-product" which is the original song, and have that available to the public for download...." No way that there is room in the law for that... Because then you could claim, "Oh, this full copy of the book is 'work-product' since I will have an excerpt under 'fair use' in my book, and the full book will not be part of the end result." Sorry, I don't buy it, that US law can be that flimsy. My guess is that "work-product" is only applicable in closed environments (i.e. not public), but I think you need to point me to the legislation in question. Cheers -- Niclas Hedhman, Software Developer http://www.qi4j.org - New Energy for Java I live here; http://tinyurl.com/2qq9er I work here; http://tinyurl.com/2ymelc I relax here; http://tinyurl.com/2cgsug --------------------------------------------------------------------- To unsubscribe, e-mail: [email protected] For additional commands, e-mail: [email protected]
