[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message]

Re: OPES and XSLT

• From: John Cowan <jcowan@r...>
• To: "Bullard, Claude L (Len)" <clbullar@i...>
• Date: Tue, 14 Aug 2001 11:05:05 -0400

Bullard, Claude L (Len) wrote:


> Contract law is the emerging governing force.  My guess is that as has been 
> said in the past, one has to assert all claims prior to publication.


That is a patent-law rule, and irrelevant to copyrighted material.

> This 
> means stating explicitly what other systems can do with your copyrighted 
> material.


Because if you don't, they cannot copy, distribute, modify, publicly
display, or publicly perform the work, except according to legal
provisions for fair use/fair dealing.

> The real problem is enforcement which must start at the 
> the source to ensure any subsequent party is subject to the contract.


No contract is required.

Don Park wrote:


> 1. who owns the copyright on transformed data?  At what threshold does
> butchering stops and originality starts?


Transformed data is a paradigm case of a derivative work.  Assuming
the original is subject to copyright at all (which it may not be),
the right to transform belongs to the original creator unless
delegated or sold.

 
> 2. is the legal protection at the consuming end or at producing end?


I'm not sure what this means.  Are you asking which *law* applies,
or who is it that has the right to sue?  If the latter, the producer.

> 3. what about transforming or modifying common parts of copyrighted material
> like HTML during transit ?  Is it illegal to inject popups at routers?


Possibly.

IANAL.

-- 
There is / one art             || John Cowan <jcowan@r...>
no more / no less              || http://www.reutershealth.com
to do / all things             || http://www.ccil.org/~cowan
with art- / lessness           \\ -- Piet Hein

• References:
  • RE: OPES and XSLT
    • From: "Bullard, Claude L (Len)" <clbullar@i...>

• Prev by Date: Re: New to XML
• Next by Date: Re: OPES and XSLT
• Previous by thread: RE: OPES and XSLT
• Next by thread: Re: OPES and XSLT
• Index(es):
  • Date
  • Thread