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RE: Copyrighting schemas -- derivation

• From: Jeff Lowery <jlowery@s...>
• To: 'Dimitris Dimitriadis' <dimitris.dimitriadis@i...>,Jeff Lowery <jlowery@s...>,"Xml-Dev (E-mail)" <xml-dev@l...>
• Date: Fri, 01 Jun 2001 13:52:20 -0700

No excuses necessary, I should have known that you and Len had just got
started rolling(been there myself).

> -----Original Message-----
> From: Dimitris Dimitriadis [mailto:dimitris.dimitriadis@i...]
> Sent: Friday, June 01, 2001 1:47 PM
> To: 'Jeff Lowery'; Xml-Dev (E-mail)
> Subject: SV: Copyrighting schemas -- derivation
> 
> 
> Excuses are due since I was primarily responsible for the avalanche.
> 
> /Dimitris
> 
> 
> 
> 
> -----Ursprungligt meddelande-----
> Från: Jeff Lowery [mailto:jlowery@s...]
> Skickat: den 1 juni 2001 22:15
> Till: Xml-Dev (E-mail)
> Ämne: Copyrighting schemas -- derivation
> 
> 
> Since my last post got buried in an avalanche, I'm 
> resubmitting under a new
> topic heading in hopes someone will see it and respond. 
> Please excuse the
> repetition.
> 
> Mundane, to-the-point answers are appreciated, such as 'yes' 
> or 'no'. (Yes,
> I realize which list I am posting too.)
> 
> > Can I ask a more basic question here?
> > 
> > If I import a copyrighted schema, am I violating copyright? 
> > I'm not actually
> > duplicating the schema, so I can't see as I am. 
> > 
> > If it's a simple type:
> > 
> > What if I restrict one of the facets of the simple types of 
> > that schema? I'm
> > not really  copying anything, just restricting facets that 
> > may or may not
> > already be restricted in the (copyrighted) base type. Is the 
> > new type my
> > own? Can I copyright my restricted simple type?
> > 
> > If it's a complex type:
> > 
> > 1) If I extend it, I'm only referencing he copyrighted 
> > original as a base,
> > and adding some new attributes and element definitions to it. 
> > Is the new
> > type my own? Can I copyright my extended type?
> > 
> > 2) Ah, this is where it gets tricky: to restrict a complex 
> > type, I have to
> > reiterate all it's declarations, i.e., *copy* them. So it 
> > seems like I would
> > be in trouble restricting a copyrighted complex base type, 
> > since I can't do
> > it without copy large parts of the base type.
> > 
> > Bring in the XML Schema attorneys, I need a lawyer.
> > 
> > 
> > > -----Original Message-----
> > > From: Simon St.Laurent [mailto:simonstl@s...]
> > > Sent: Friday, June 01, 2001 4:14 AM
> > > To: Henry S. Thompson
> > > Cc: xml-dev@l...
> > > Subject: Re: Copyrighting schemas, Hailstorm
> > > 
> > > 
> > > On 01 Jun 2001 15:54:13 +0100, Henry S. Thompson wrote:
> > > > Shirky's worry doesn't fit with my understanding of 
> copyright.  A
> > > > copyright is not a patent.  A work must clearly be 
> derived _in its
> > > > expression_, not its substance, from the original, to be an 
> > > infringing
> > > > derivative.  Otherwise for example no songs about, well, almost
> > > > anything, would be publishable.
> > > 
> > > I guess my concern is whether the courts would interpret it 
> > > that way, or
> > > whether they would find that a compatible but 
> > not-created-by-Microsoft
> > > schema was a derived work.  I can see that going either 
> > way, and with
> > > current trends in copyright, I don't feel much certainty.
> > > 
> > > 
> > > 
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