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Date:      16 Jan 2003 17:58:08 -0800
From:      swear@attbi.com (Gary W. Swearingen)
To:        Warren Block <wblock@wonkity.com>
Cc:        doc@FreeBSD.ORG
Subject:   Re: Document Copyrights/Credit Messages
Message-ID:  <m0n0m0sfkf.0m0@localhost.localdomain>
In-Reply-To: <20030116164835.V19422@wonkity.com>
References:  <20030107171925.W6075@wonkity.com> <20030116164835.V19422@wonkity.com>

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Warren Block <wblock@wonkity.com> writes:

> I have written a document for an in-house package.  The SGML-formatted
> text is entirely original, by me.
> 
> The PDF and HTML versions of this document are generated with the FDP
> tools, so they use callout images and stylesheets and other portions of
> the formats defined by FDP.
> 
> If I include the copyright message from the Handbook, it looks like I'm
> giving permission to copy *my* document.  What I want is to properly
> credit and show copyrights for FDP, DocBook, and anyone else involved,
> without granting permission to copy *my* document.  Is that possible?

Only a lawyer may give you legal advice.  Here are some unqualified
observations, after this quote from USC 17-103.

   (b) The copyright in a compilation or derivative work extends only to
   the material contributed by the author of such work, as distinguished
   from the preexisting material employed in the work, and does not
   imply any exclusive right in the preexisting material.  The copyright
   in such work is independent of, and does not affect or enlarge the
   scope, duration, ownership, or subsistence of, any copyright
   protection in the preexisting material.

So much for "what belongs to whom", but of course we want things labeled
so other people can know up front (before lawyers are hired :).

So when practical, everything gets marked for ownership.  But well-
placed notices and explanations should do, either in the work or in
accompanying info.  If someone's license required placement of notices
or license copies in the work, I'd either do what it requires or not use
it (or try to get a waiver from the owner).  AFAIK, there's nothing
wrong with putting a notice A of your own before another notice B saying
that notice B is only there because it's required and saying that its
claims (eg, on your work) are invalid (when you think they are invalid).

As to what FDP licenses require, I don't remember.  I do sometimes
wonder about the validity of a license from the claimed owner, "The
FreeBSD Documentation Project" which is not a legal entity, AFAIK.


BTW, note that many GPL'd works (some claiming to be wholly GPL-
licensed) are derivatives being partially BSD-licensed, or even
(especially .h headers) in the public domain, theoretically making it
impossible to derive from it without violating the GPL which requires
the whole of the derivative to be GPLed.  :)

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