[linux-elitists] Open-sourcing a book

Heather star@betelgeuse.starshine.org
Thu Mar 22 17:54:45 PST 2001


> On Thu, Mar 22, 2001 at 12:59:58PM -0800, Rick Moen wrote:
> >     Copyright (C) [date] by Rick Moen. Verbatim copying,
> >     distribution, and display of this entire article are permitted in
> >     any medium, provided this notice is preserved.  Alternatively, you
> >     may create derivative works of any sort for any purpose, provided
> >     they contain no attribution to me.  (Thus, they must differ from
> >     this work, if only in omitting my name.)
> 
> I don't like this, because it prevents people from quoting you. 

No, it doesn't.  See the explicit text of the "Fair Use" clause of the
copyright act.  Notably
107. Limitations on exclusive rights: Fair use. 
	http://www4.law.cornell.edu/uscode/17/107.html

108. Limitations on exclusive rights: Reproduction by libraries and archives. 
109.  Limitations on exclusive rights: Effect of transfer of particular copy
   or phonorecord. 
110. Limitations on exclusive rights: Exemption of certain performances and 
   displays. 
111. Limitations on exclusive rights: Secondary transmissions. 
112. Limitations on exclusive rights: Ephemeral recordings. 

Cornell has a nice copy of the Act.  You can thank my trek crowd for this
one - since Viacom has the same kind of dr.jekyll/mr.hyde nature about its
fan groups that Apple does about whether Claris is or isn't supposed to
compete with its third party software vendors, we hotlinked both the 
Copyright Act and the Trademarks so people can read in more detail, if
they care.

We normally link it at the top level: 
	http://www4.law.cornell.edu/uscode/17/

warning, it uses frames.

> I was
> thinking recently about what the legal implications would be if someone
> wanted to quote your rants page (say, about internal modems) as a brief
> testimony on a related page. Saying "Rick Moen says this about internal
> modems:" would not be permissible, since the page quoting you is
> arguably a derivative work of your text. I'm not sure why attributions
> should be prohibuted.

They are explicitly permitted, within the scope of that declared by 
subsection 107, even if the author is utterly proprietary.  Freedom of
the press and speech.

> Of course, as the copyright holder it is at your discression. (Unless
> we consider fair use, which a smaller quote may fall under.)

Bon appetit.

* Heather * This is an unauthorized cybernetic announcement.
	-- John Brunner, 'The Shockwave Rider'



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