[Live-demo] Re: Review of copyright.html page

Sun Jul 31 04:23:43 EDT 2011

On 25/07/11 10:39, Simon Cropper wrote:
> Cameron,
>
> Here are my comments on the text on the page you provided a link to...
> http://adhoc.osgeo.osuosl.org/livedvd/docs/en/copyright.html
>
> <sniped my text>
>> Software on OSGeo-Live is available under various Open Source
>> licenses, as described on project websites, and copied into the
>> Project Overviews.
>
> It is unclear what you are trying to say here. Is the software copied 
> into the project overview? I think you mean that content available on 
> the various project websites have been used in the preparation of the 
> Project Overviews (presumably the source documents are appropriately 
> licensed for this to occur or permission has been obtained from the 
> original authors as described is the post 
> http://lists.osgeo.org/pipermail/live-demo/2011-July/003766.html)

ok, I've simplified the text to:
Software on OSGeo-Live is available under various Open Source licenses, 
as listed in the Project Overviews.

>
>> Data on OSGeo-Live is available under various Open Licences.

>> Attributing OSGeo-Live Documentation¶
>
> Strictly speaking this is not related to copyright. maybe you should 
> call this webpage 'legal issues' and break the content up into (a) 
> software, (b) data, (c) documentation.

Thanks for this advice, but I think I'll keep page name as "copyright.html"
For simplicity and usability, I'd like to keep all this related 
information on the same page, and I'd like to keep the page titled with 
the most important part of the page, which is the copyright.

>
>> As per the terms of the Creative Commons license, if you include
>> OSGeo-Live documentation into a new document, you will need to
>> attribute the authors using text similar to:
>
>> This document includes [Project Overviews and/or Quickstarts] from
>> the OSGeo-Live project which is created by OSGeo-Live authors, as
>> listed under Documentation Authors.
>
> I would prefer...
> This document includes [extent: all/part] of the [Project Overview 
> and/or Quickstart] titled "[document title]" created by [author] and 
> released under the [licence: CC-BY/CC-BY-SA] licence [URL to Legal 
> Code]. The source document forms part of the "[document series]", 
> available from [url] and downloaded on [download date].
>
> When part of the document is used, an additional statement must be 
> include similar to...
> 1. The original work has been modified [describe how work has
>    been changed], or
> 2. The original work was translated from English to [language]
>
> So, as an example...
> This document includes all of the Quickstart titled "gvSIG Quickstart" 
> created by Simon Cropper and released under the Creative Commons 
> Attribution-ShareAlike 3.0 Unported licence 
> (http://creativecommons.org/licenses/by-sa/3.0/legalcode). The source 
> document forms part of the "OSGeo-Live Project, version 5.0", 
> available from 
> http://adhoc.osgeo.osuosl.org/livedvd/docs/en/quickstart/gvsig_quickstart.html 
> and downloaded on 25 July 2011. The original work was translated from 
> English to Deutch.

Simon,
I agree that the above text is an appropriate way to attribute an author 
in a large 100 page essay where there is space for a few pages of 
references.
However, many OSGeo-Live derivatives will be for short marketing type 
documents like Project Overviews, where every word counts. Documents 
with lots of words are less likely to be read, which is contrary to the 
goals of OSGeo-Live. As such, I'm aiming to provide derivative authors 
the option to use concise versions of attribution which fit within the 
types of documents they are creating.

What I've done is provided 4 options for attributing OSGeo-Live docs. It 
includes a verbose option based on your words, then 3 other concise options.

*Verbose, suitable for a 100 page thesis:*

    CC-By-SA-med <http://creativecommons.org/licenses/by-sa/3.0/> This
    document includes content from the “gvSIG Quickstart” created by
    Simon Cropper under the Creative Commons Attribution-ShareAlike 3.0
    Unported licence, http://creativecommons.org/licenses/by-sa/3.0/
    available from the OSGeo-Live project,
    http://live.osgeo.org/en/quickstart/gvsig_quickstart.html, and
    downloaded on 25 July 2011. The original work was translated from
    English to German.

*Concise CC-By-SA and attribution:*

    © 2011 [Your Name] under a CC By SA License
    <http://creativecommons.org/licenses/by-sa/3.0/>. [Derived
    from|Includes|Extends] OSGeo-Live <http://live.osgeo.org>
    documentation by OSGeo-Live contributors
    <http://live.osgeo.org/en/copyright.html>.

*Alternative Concise CC-By and attribution:*

    CC-By-small <http://creativecommons.org/licenses/by/3.0/> © 2011
    [Your Name]. [Derived from|Includes|Extends] OSGeo-Live
    <http://live.osgeo.org> Project Overviews by OSGeo-Live contributors
    <http://live.osgeo.org/en/copyright.html>.

*Minimum (for Project Overviews), attribution only:*

    This document includes OSGeo-Live <http://live.osgeo.org> Project
    Overviews by OSGeo-Live contributors
    <http://live.osgeo.org/en/copyright.html>.

>
>> Note: If Quickstarts are included, which are licenced under the `CC
>> By-SA <http://creativecommons.org/licenses/by-sa/3.0/>`_ license,
>> then the new document will also need to be licenced under the
>>  `CC By-SA <http://creativecommons.org/licenses/by-sa/3.0/>`_.
>
> Note that the RST markup has not been converted to HTML.
Fixed now.
>
>> Documentation Authors¶
>
>> The table below credits the creators for each of the documents on
>> OSGeo-Live .
>
>> TBD: Insert a table which includes:
Now populated with data extracted from the Project Overviews and 
Quickstarts.

>
>> Document, License(s), List of Authors and/or owners
>
> Here we differ again in the interpretation of the legal code. I 
> personally think that the names of an author should be displayed at 
> the top of every document they create, with the appropriate license 
> clearly shown.
>
> For example, at the top of the "gvSIG Quickstart", I would expect to 
> see immediately after the title...
>
> Content and Screen Dumps on this page created by (c) Simon Cropper 
> 2011, Creative Commons - Attribution - ShareAlike with URL to the 
> appropriate license deed.
>
> At the bottom of the page, I would expect to see something like...
>
> OSGeo Live Project website, logos and associated images not attributed 
> to particular authors were created by the LiveDVD Team and are 
> released under the license CC-BY [URL] licence. (c) OSGeo Foundation 
> and LISASoft 2011 [URL to copyright page].

As per comment above, for this type of marketing material I'm aiming to 
make the docs as concise as possible.
I've provided a "Copyright & Disclaimer" link at the bottom of the page 
which links to this copyright.html page

>
>> Disclaimer¶
>
>> The contents of OSGeo-Live are provided by the copyright holders and
>> contributors “as is” and any express or implied warranties,
>> including, but not limited to, the implied warranties of the
>> merchantability and fitness for a particular purpose are disclaimed.
>> In no event shall the copyright owner or contributors be liable for
>> any direct, indirect, incidental, special, exemplary, or
>> consequential damages (including, but not limited to, procurement of
>> substitute goods or services; loss of use, date, or profits; or
>> business interruption) however caused and on any theory of liability,
>> whether in contract, strict liablity, or tort (including negligence
>> or otherwise) arising in any way out of the use of this software,
>> even if advised of the possibility of such damage.
>
> This is redundant as it is clearly expressed in Clause 5 & 6 of the 
> CC-BY and CC-BY-SA licenses.

This disclaimer is required in order to cover the software and data on 
OSGeo-Live.
>
> You should avoid creating multiple versions of these disclaimers as 
> they can readily become out of sync.
Noted, but I think in this case, both disclaimers will cover any gaps of 
the other (rather than create a loophole as you suggest).
Ie, we AND the licenses, rather than OR.

>
> If you want something, maybe text like...
>
> As defined in the Clause 5 & 6 of the legal code of the CC-BY and 
> CC-BY-SA 3.0 unported licences the following representations, 
> warranties, disclaimer and limitation on liability apply. If there are 
> any discrepancies between this page and the original legal code, the 
> legal code takes precedence.
>
> 5. Representations, Warranties and Disclaimer
>
> UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, 
> LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR 
> WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, 
> STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF 
> TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, 
> NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, 
> OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. 
> SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, 
> SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
>
> 6. Limitation on Liability.
> EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL 
> LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, 
> INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT 
> OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN 
> ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
>

-- 
Cameron Shorter
Geospatial Director
Tel: +61 (0)2 8570 5050
Mob: +61 (0)419 142 254

Think Globally, Fix Locally
Geospatial Solutions enhanced with Open Standards and Open Source
http://www.lisasoft.com

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