Date: Wed, 8 Mar 2017 09:03:34 -0800 (PST) From: "Rodney W. Grimes" <freebsd@pdx.rh.CN85.dnsmgr.net> To: Warner Losh <imp@bsdimp.com> Cc: rgrimes@freebsd.org, Hans Petter Selasky <hselasky@freebsd.org>, src-committers <src-committers@freebsd.org>, "svn-src-all@freebsd.org" <svn-src-all@freebsd.org>, "svn-src-head@freebsd.org" <svn-src-head@freebsd.org> Subject: Re: svn commit: r314905 - in head/sys: compat/linuxkpi/common/include/linux compat/linuxkpi/common/src conf modules/linuxkpi Message-ID: <201703081703.v28H3YUf001602@pdx.rh.CN85.dnsmgr.net> In-Reply-To: <CANCZdfpe9QOSZXcPy4juRRZgAJYqzSxOTOT8YuvxwqvzT6pfyA@mail.gmail.com>
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> On Wed, Mar 8, 2017 at 9:07 AM, Rodney W. Grimes > <freebsd@pdx.rh.cn85.dnsmgr.net> wrote: ... > > Though widly seen, often miss understood, this modification technically under the copyright > > law can be used to assert that you have claimed copyright on the 2014 work more than one > > year after original poublication, hence the work done in 2014 now falls under different > > parts of the US copyright law. A prefered form of the above dates would be > > 2013-2014, 2017. Do not assert copyrights for years in which no new material was > > published. Publishes is defferent than written. Do not interpret these dates > > as the dates written. > > > > Effect of this type of error: > > According to the U.S. Copyright Act, if the year date [in the copyright > > notice] is more than one year later than the year in which publication first > > occurred, the work is considered to have been published without any notice. > > This is incorrect legal advice. Please don't give out legal advice if > you are not a lawyer. Which your now doing also ? > > The copyright office's own page says you need only list the first year > of publication on the list of years[*]. This is a circ pub, and not the actual laws or trial cases, its good information, but not complete information. Your reference to "list of years" appears no place, that I can find, in this document. "list of" does not appear in this document. Some lawyers well even recommend, and given we have a VCS, you clearly mark which parts are copyright for which years. > The project's guidance to > committers for the last 20 years is to do a range of copyright dates. The projects guidance has wrongly been changed then, as I have always tried to make sure the A, B, C-D information was applied correctly. I do have a fairly good understanding of copyright law. Can you point to any "published" project guidance on this manner? > If you'd believe this is in error, please work with the FreeBSD > Foundation to get their lawyers to offer updated guidance. I was actually already considering asking the Foundation to consult an attorney and have a published policy on this issue, with examples and such of when to do which. > Warner > > [*] https://www.copyright.gov/circs/circ03.pdf If your gona site aite a reference to a publication it is usually best to assert what part of it your referncing. I had already ready circ03.pdf and several other legal reference sources before making my assertion(s). 2. The year of first publication. If the work is a derivative work or a compilation incorporating previously published material, the year date of first publication of the derivative work or compilation is sufficient. Examples of derivative works are translations or dramatizations; an example of a compilation is an anthology. The year may be omitted when a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or useful articles I would consider this a dervied work and hence needs an assertion of a correct date on that derivation. So do many other attorneys. Also that clause 2 is one of the only parts in the circ that actually comes out of law text. -- Rod Grimes rgrimes@freebsd.org
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