[GRASS-PSC] Re: [GRASS-dev] FWD Re: [Gdal-dev] GDAL on koders.com

Scott Mitchell smitch at mac.com
Thu Nov 16 13:40:59 EST 2006


On 16 Nov 2006, at 2:29, Markus Neteler wrote:

> This copyright statement was preventing me from already uploading
> it some time ago: "all its contents Copyright ..."
> I don't know if they intentially wrote it but of course a
> copyright transfer doesn't happen like that. So I don't know
> - if this legally holds true in any case
> - if GPL'ed code is affected
>
> The other GIS projects do not seem to see a problem
> apparently.
>
> Markus
>

It all looks good to me except for that copyright confusion, which  
seems to come down to imprecise definition of "contents" versus  
"linked material":

"This website and all its contents Copyright 2005, Koders Inc.
All Rights Reserved."

... could someone argue that "all contents" includes code?  I doubt  
it, and it certainly seems to be to conflict with their denial of  
liability:

"Content Linked to by Koders
The sites displayed as search results or linked to by Koders Services  
are developed by people over whom Koders exercises no control. The  
search results that appear from Koders's indices are indexed by  
Koders's automated machinery and computers, and Koders cannot and  
does not screen the sites before including them in the indices from  
which such automated search results are gathered." (from the terms of  
service)

So it SEEMS fine to me from that point of view, BUT I'm not a lawyer,  
and have no idea what a lawyer would think, nor whether, as Markus  
suggests, maybe the language wouldn't be enough to be interpreted as  
a transfer of copyright anyway.

Frank, are you still on this list?  Did you pursue this at all from a  
GDAL/OGR point of view?

Cheers,

Scott


>
> On Thu, Nov 16, 2006 at 06:57:11PM +1300, Hamish wrote:
>> Helena Mitasova wrote:
>>> aren't there any special conditions that the code should fulfill
>>> before being placed there?
>>
>> "By submitting this form, I certify that to the best of my knowledge
>> this project and/or the repository on which it resides does not  
>> contain
>> any proprietary or other source code which is not intended to be
>> accessed by internet users for free and without restriction."
>>
>> "Copyright Information
>> This website and all its contents Copyright 2005, Koders Inc.
>> All Rights Reserved."
>>
>>
>> beyond that it is very light on legal details AFAICT beyond  
>> claiming no
>> control or responsibility to what it "links" to (indexes would be  
>> better
>> word for what it does).
>>
>> http://www.koders.com/info.aspx?c=company/termsofservice
>> http://www.koders.com/info.aspx?c=company/privacy
>>
>>
>> Hamish
>
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