Skip site navigation (1)Skip section navigation (2)
Date:      Wed, 8 Mar 2017 09:49:14 -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:  <201703081749.v28HnECd001861@pdx.rh.CN85.dnsmgr.net>
In-Reply-To: <CANCZdfq3SMTJFrTRu5f7qtB=_q6D3A-4zCgqsxyLcjdQK5vbkg@mail.gmail.com>

next in thread | previous in thread | raw e-mail | index | archive | help
> On Wed, Mar 8, 2017 at 10:05 AM, Warner Losh <imp@bsdimp.com> wrote:
> >>> 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?
>=20
> When the guidance was originated, we used
> https://www.oppedahl.com/copyrights/ as a guide since I knew Mr
> Oppedahl personally and we talked about it at the time. He recommended
> that we use ranges, as he does in his FAQ. He said it was the safest
> way to not mislead about the copyright dates. Microsoft uses ranges of

His FAQ does agree with me that the date is one of the most important
parts of a copyright notice, and that it can easily be a pitfall:

(Sorry for not wrapping this)
The date. The copyright date is perhaps the most important trap for the unw=
ary. One of the purposes of the copyright date, under U.S. copyright law, i=
s to assist members of the public in identifying works which are so old tha=
t the copyrights have expired=
. To do this, a member of the public would take the copyright date appearin=
g in the notice, add to it the number of years of the copyright term, and t=
hereby arrive at a conclusion as to when the copyright would have expired. =
In the case of computer softw=
are, it is common place for the work to include original matter from many d=
ifferent dates including original work dating from any of several different=
 years. Consider what would happen if the most recent year were the only ye=
ar used in the notice. A memb=
er of the public would then be led to the conclusion that the entirety of t=
he work is protected by copyright starting from that year and ending at the=
 end of copyright term. But if part of the work dates from a previous year,=
 then its term expires one ye=
ar earlier than the rest of the work. This could mislead members of the pub=
lic in the sense that they would incorrectly think that none of the work co=
uld be copied until the end of the term that is based on the date in the no=
tice, when in fact part of th=
e work would have entered the public domain one year earlier than the end o=
f that term. There have been court cases where judges have stricken all of =
the copyright rights in a work due to such incorrect statements in the copy=
right notice.=20

His FAQ does not actually recommend ranges, it only states this is
another thing done:

Another approach is to put a range of years. For example, if the oldest mat=
ter in the work dates from 1991 and if the newest matter dates from 1994, t=
he notice might say copyright 1991 to 1994 and the name of the owner.

I assert again the problem with a range is that material inside
the range may actually be reaching the end of the time a copyright
is valid, and to have the public misslead about that is... well..
wrong, and can and has lead to legal consequences.

Quuoting your Mr Oppedahl (also appears above ):
There have been court cases where judges have stricken all of the
copyright rights in a work due to such incorrect statements in the
copyright notice.

> dates, even when they haven't made changes in every single year. Of
> course, talking to a lawyer about this gives one a big "it depends"
> and things get fuzzy. The practical implication might be an inability
> to enforce the license terms at the end of the 90 years that people
> have copyrights for, so as a practical matter he suggested that for
> open source a range was the best compromise between an exhaustive list
> of years and never updating the notice.
>=20
> It is (or at I think it was) in the developers portion of the
> handbook, but I can't find it now. It's implicit in style(9) (I made
> the changes there). It's come up several times in the past.
>=20
> But like I said, please feel free to improve things by getting a
> definitive statement that our current range is wrong from the lawyers
> and getting their recommended advice. However, this has been SOP for
> the last 20 years, so there's many places that would need to be
> corrected.... I doubt that's it's a windmill worth tilting at, but
> it's your time.

I believe there is a 5 year period that these could of been corrected,
I am not concerned about that, cant do much about things loss due
to poor SOP, I can, and well, tilt this windmill. =20

> Warner
--=20
Rod Grimes                                                 rgrimes@freebsd.=
org



Want to link to this message? Use this URL: <https://mail-archive.FreeBSD.org/cgi/mid.cgi?201703081749.v28HnECd001861>