From owner-svn-src-head@freebsd.org Wed Mar 8 17:03:37 2017 Return-Path: Delivered-To: svn-src-head@mailman.ysv.freebsd.org Received: from mx1.freebsd.org (mx1.freebsd.org [IPv6:2001:1900:2254:206a::19:1]) by mailman.ysv.freebsd.org (Postfix) with ESMTP id E2DBAD01D67; Wed, 8 Mar 2017 17:03:37 +0000 (UTC) (envelope-from freebsd@pdx.rh.CN85.dnsmgr.net) Received: from pdx.rh.CN85.dnsmgr.net (br1.CN84in.dnsmgr.net [69.59.192.140]) (using TLSv1 with cipher DHE-RSA-AES256-SHA (256/256 bits)) (Client did not present a certificate) by mx1.freebsd.org (Postfix) with ESMTPS id BE93B19DB; Wed, 8 Mar 2017 17:03:37 +0000 (UTC) (envelope-from freebsd@pdx.rh.CN85.dnsmgr.net) Received: from pdx.rh.CN85.dnsmgr.net (localhost [127.0.0.1]) by pdx.rh.CN85.dnsmgr.net (8.13.3/8.13.3) with ESMTP id v28H3Y9p001603; Wed, 8 Mar 2017 09:03:34 -0800 (PST) (envelope-from freebsd@pdx.rh.CN85.dnsmgr.net) Received: (from freebsd@localhost) by pdx.rh.CN85.dnsmgr.net (8.13.3/8.13.3/Submit) id v28H3YUf001602; Wed, 8 Mar 2017 09:03:34 -0800 (PST) (envelope-from freebsd) From: "Rodney W. Grimes" Message-Id: <201703081703.v28H3YUf001602@pdx.rh.CN85.dnsmgr.net> Subject: Re: svn commit: r314905 - in head/sys: compat/linuxkpi/common/include/linux compat/linuxkpi/common/src conf modules/linuxkpi In-Reply-To: To: Warner Losh Date: Wed, 8 Mar 2017 09:03:34 -0800 (PST) CC: rgrimes@freebsd.org, Hans Petter Selasky , src-committers , "svn-src-all@freebsd.org" , "svn-src-head@freebsd.org" Reply-To: rgrimes@freebsd.org X-Mailer: ELM [version 2.4ME+ PL121h (25)] MIME-Version: 1.0 Content-Transfer-Encoding: 7bit Content-Type: text/plain; charset=US-ASCII X-BeenThere: svn-src-head@freebsd.org X-Mailman-Version: 2.1.23 Precedence: list List-Id: SVN commit messages for the src tree for head/-current List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , X-List-Received-Date: Wed, 08 Mar 2017 17:03:38 -0000 > On Wed, Mar 8, 2017 at 9:07 AM, Rodney W. Grimes > 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