Steve asked for some legal precedent... here is some
background reading to
do
The Copyright Act, 17 U.S.C. § 101 defines a derivative work
as follows:
...a work based upon one or more preexisting works such as a
translation,
musical arrangement, dramatization, fictionalization, motion
picture
version, sound recording, art reproduction, abridgment,
condensation or any
other form in which a work may be recast, transformed, or
adapted. A work
consisting of editorial revisions, annotations,
elaborations, or other
modifications which, as a whole, represent an original work
of authorship is
a "derivative work.
Also pay attention to something called FIRST SALE DOCTERINE.
Its a
relevent factor as well.
-------------
Which simply means that for any excerpting or republishing
of "Joe's variant
of some system or protocol description" that would be
to be reprinted, the
IETF needs the derivative use rights one would think.
See also the US Copyright description at Bitlaw - at
http://www
.bitlaw.com/copyright/scope.html and pay attention to
the 'five
forms of protection or rights that exist'
I believe that the IETF could claim within its standards
process, that it
has the implicit right to reproduce as part of that
standards process, but
when the IETF wants to let others republish its works
without being any part
of the Standards Process itself, this all changes.
------------ From BITLAW:
The Copyright Act grants five rights to a copyright owner,
which are
described in more detail below.
a.. the right to reproduce the copyrighted work;
b.. the right to prepare derivative works based upon the
work;
c.. the right to distribute copies of the work to the
public;
d.. the right to perform the copyrighted work publicly;
and
e.. the right to display the copyrighted work publicly.
------------ From BITLAW:
in re FAIR-USE:
The doctrine of fair use developed over the years as courts
tried to balance
the rights of copyright owners with society's interest in
allowing copying
in certain, limited circumstances. This doctrine has at its
core a
fundamental belief that not all copying should be banned,
particularly in
socially important endeavors such as criticism, news
reporting, teaching,
and research.
Although the doctrine of fair use was originally created by
the judiciary,
it is now set forth in the Copyright Act. Under the Act,
four factors are to
be considered in order to determine whether a specific
action is to be
considered a "fair use." These factors are as
follows:
1.. the purpose and character of the use, including
whether such use is of
commercial nature or is for nonprofit educational purposes;
2.. the nature of the copyrighted work;
3.. the amount and substantiality of the portion used in
relation to the
copyrighted work as a whole; and
4.. the effect of the use upon the potential market for or
value of the
copyrighted work.
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