[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] RE: Standards (yet again) was RE: Use of XML ?
Typically, it is applied to database extraction where US law provides "relief in discretely recognized categories of unfair competition such as the misappropriation of the commercial value of another's identity or persona or trade secret protection. In effect, if the proceeding could be focused and contained to a context that would remain distinct and be sufficiently identifiable, it would be an effective vehicle to protect that discrete subject matter." http://strategis.ic.gc.ca/SSG/ip01058e.html#misappropriation Part of the idea is that if a misappropriation destroys the marketability of information (and SGML will pass the sweat of the brow tests easily as well as demonstrate originality), then a copyright violation has occurred despite the rewriting of the text. XML borrows enough SGML concepts and text to make this case plausible. Another approach would be misrepresentation in that the original calls for participation were for "SGML On the Web" and parties to that subsequently referred often to XML as a version of SGML. The decision to make these references in the end product, non-normative, were made privately. That could be misrepresentation. Note to Readers: we are inquiring into the value of the statements in the W3C Specification that reference the ISO documents and how that manifests. With those references, it is unlikely that any of the positions taken above would apply. Without them, XML might not pass the "laugh test" and the W3C might well have to defend itself in court for taking international standards and then calling itself, a standards organization, thus becoming an ISO competitor by misappropriation of ISO copyrighted material and misrepresentation of intent. Again, we are looking at the relationships among legal entities, authority, governance, and what protections are afforded the users of XML. Essentially, there are none, but the W3C has protected itself by easily discernible means in the XML documents. Whether or not it can do this AND be a standards organization is an interesting issue. Len Bullard Intergraph Public Safety clbullar@i... http://www.mp3.com/LenBullard Ekam sat.h, Vipraah bahudhaa vadanti. Daamyata. Datta. Dayadhvam.h -----Original Message----- From: Richard Tobin [mailto:richard@c...] Sent: Thursday, August 02, 2001 5:02 PM To: Bullard, Claude L (Len) Cc: xml-dev@l... Subject: Re: Standards (yet again) was RE: Use of XML ? >One avenue would be a misappropriation remedy for unfair competition flowing >from the seminal authority of International News Service v. Associated Press >decided in 1918 by the United States Supreme Court Once again I have no idea what you mean. Who would be competing unfairly with whom? -- Richard
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