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

Sat Dec 24 06:18:28 UTC 2005

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)

-- Jake Nelson