[LINK] Misconceiving Copyright
Richard.Chirgwin at informa.com.au
Wed Jun 9 09:13:41 EST 2004
Well, yes, I should have sent the URL as well! How do you spell "D'oh!"?
The idea that work in an >>established<< field can be "clean room" is
completely absurd. I'm writing in English; therefore I'm reusing structures,
words and references which are hundreds (or in some cases on the plus side
of a thousand) years old.
The old battle of Edison versus Tesla will be fought time and time again, I
Thanks for the Groklaw pointer, Rick, I'll take a look...
> -----Original Message-----
> From: Rick Welykochy [mailto:rick at praxis.com.au]
> Sent: Wednesday, June 09, 2004 8:46 AM
> To: Chirgwin, Richard
> Cc: 'link at anu.edu.au'
> Subject: Re: [LINK] Misconceiving Copyright
> Chirgwin, Richard wrote:
> > Linkers,
> > As you know, I have taken some interest in the development
> of the Alexis de
> > Tocqueville Institution's attempts to discredit Linux.
> > I considered downloading the review copy of the report, but
> on the "request
> > a copy" page, we find this "I agree" button:
> >>"By clicking here, I indicate that I will respect the copyright on
> >>"Samizdat." I will not redistribute or republish it, or
> make it available
> >>for viewing, in part or whole, to any other individual or
> > Now. This is a deliberate misconstruction of copyright: if
> I obtain a
> > physical book in the ordinary fashion, there is neither a
> legal or moral
> > restriction preventing me from giving that book to another
> individual. The
> > AdTI is not, as it pretends, asking me to request its
> copyright, but is
> > instead imposing ultra-copyright restrictions in the form
> of a license.
> > IMO, the reference to copyright is deliberately misleading...
> IMHO, (IANAL) click-through "agreements" are not enforceable.
> Did you find
> an actual LICENCE posted with the content?
> Richard, don't you think you'd be fine under current laws
> that allow you
> as a journalist to quote small parts of said copyright work
> for the purposes
> of review, regardless of what they say on the web site?
> Do you have a URL for us to investigate further? I too am
> most interested
> in what these shonks have to say.
> An interesting read in case you've missed it:
> "The history of UNIX and its various children and
> grandchildren has been
> in the news recently as a result of a book from the Alexis
> de Tocqueville
> Institution. Since I was involved in part of this history,
> I feel I have
> an obligation to set the record straight and correct some extremely
> serious errors. But first some background information."
> Very good read on the subject ... rips Brown's 'research' to shreds.
> As always, a bit of levity helps maintain one's poise and grace in the
> face of unmitigated idiocy:
> "It's hard to imagine that Ken Brown could have launched
> Samizdat without
> directly using earlier book-writing work, according to a
> report that has
> been unnoticed even before it was written."
> Rick Welykochy || Praxis Services
> Microsoft treats security vulnerabilities as public relations
> -- Bruce Schneier
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