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Re: free licensing of TEI Guidelines



On Tue, Feb 24, 2004 at 02:51:03PM -0500, Anthony DeRobertis wrote:
> On Feb 11, 2004, at 14:44, Syd Bauman wrote:
> 
> >While this would meet the goals articulated above, it appears that
> >Debian has some potentially serious objections to the GFDL[1]. So the
> >question arises, how can we create a copyleft license that is
> >sufficiently free for Debian, but at the same time prevents others
> >from claiming TEI-conformance for texts that are not?
> 
> Stop. You don't want to use copyright law to do this! Copyright law 
> deals with copying, distributing and deriving from works. Nothing you 
> can do with copyright law can stop me from writing my own document and 
> claiming it as TEI conforming.
> 
> Go look up trademark law. That's what you want. If I state that 
> something has the endorsement of the TEI Consortium when it doesn't, I 
> have violated the Lanham(?) Act [sorry, offline, can't check the name]. 
> I forget which title of US code it is, but you'll be able to find it 
> easily --- look for trademarks.

Technically there's also a part of copyright law in most jurisdictions
referred to as "right of attribution" - which says that (a) you are
entitled to have your creations attributed to you, and (b) you are
entitled to not have things attributed to you which you did not
create. But this right cannot normally be waived or transferred, so a
copyright *license* is neither necessary nor useful. You don't
actually *need* to use a trademark for this in most countries.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
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