[Foundation-l] "Fair Use does not apply to DSM material or any other APA/APPI content." um, wtf?

Sat Dec 24 10:28:48 UTC 2005

Jake Nelson wrote:

> Ray Saintonge wrote:
>
>> It would probably be impractical for us to take anything but the 
>> definitions from thes works, but I do note that the quoted comments 
>> say "we do not allow anyone to alter our material".  The GFDL does 
>> allow alterations, but also allows invariable sections.  We allow the 
>> downstream user to do what he will with the material, with no 
>> declaration of invariant sections.  Wouldn't it make more sense to 
>> have all quotations declared invariant.
>
>
> Can't do it. Invariant Sections are a subset of Secondary Sections 
> under the GFDL: see definitions below. Basically, it's for 
> acknowledgements, legal disclaimers, etc. If, say, the quotations were 
> all in a separate appendix, never in an entry page itself, and were 
> considered not to "fall directly within" "the Document's overall 
> subject" - highly unlikely for any Wikimedia project I can think of - 
> then it could be declared Invariant. However, this would require every 
> downstream user to republish the quotations appendix in full in every 
> derivative work, no matter what it is.
>
> From the GFDL's definitions section:
> (see [[Wikipedia:Text of the GNU Free Documentation License]])
>
> A "Secondary Section" is a named appendix or a front-matter section of 
> the Document that deals exclusively with the relationship of the 
> publishers or authors of the Document to the Document's overall 
> subject (or to related matters) and contains nothing that could fall 
> directly within that overall subject. (Thus, if the Document is in 
> part a textbook of mathematics, a Secondary Section may not explain 
> any mathematics.) The relationship could be a matter of historical 
> connection with the subject or with related matters, or of legal, 
> commercial, philosophical, ethical or political position regarding them.
>
> The "Invariant Sections" are certain Secondary Sections whose titles 
> are designated, as being those of Invariant Sections, in the notice 
> that says that the Document is released under this License. If a 
> section does not fit the above definition of Secondary then it is not 
> allowed to be designated as Invariant. The Document may contain zero 
> Invariant Sections. If the Document does not identify any Invariant 
> Sections then there are none.
>
> (end quote) 

The quotations do hava a historical connection with the subject matter.  
Non-distortion of quoted material could also be viewed as an ethical 
position..  The "Secondary Section" part of the above could be read such 
that a relationshio is only required for front matter.  (The verb is 
"deals" not "deal".)  It may be a little awkward but  each quote could 
be arganized so as to be a separate appendix.

Ec