Re: ** Revised Draft SPDX CC-0 Preamble **


Jilayne Lovejoy <jilayne.lovejoy@...>
 

A few nit-picky, but not crucial suggestions:

  • is "compliance" the right word in the first sentence?
  • first and second sentence seem like they should be the same paragraph, since all related to definition of "SPDX Metadata"
  • "you hereby agree that any copyright... Shall be subject to..." - is that right? Is it the copyright that is subject to the CC-Zero license, or should it be, "you hereby agree that any copyrightable material ... In any SPDX-Metadata... Shall be subject"? (or does it make a difference either way?)
  • "copyright rights" sounds odd. I think that UK attorneys simply would say "copyright" in the first scenario below, which is much cleaner sounding and looking.  Same usage could be implemented in the second scenario or "copyrightable material" as suggested in red below


On 11/30/11 9:01 AM, "Esteban Rockett" <mgia3940@...> wrote:

SPDX Legal Workstream Members:

- Eden is ok with CC-0 and the following preamble for the SDPX-Metadata.

Rockett


** Revised Draft SPDX CC-0 Preamble **

Compliance with the SPDX specification includes populating the SPDX fields therein with data related to such fields ("SPDX-Metadata").

The SPDX specification contains numerous fields where an SPDX author may provide relevant explanatory text in SPDX-Metadata.

Without opining on the lawfulness of "database rights" (in jurisdictions where applicable), such explanatory text is copyrightable subject matter in most Berne Convention countries.

By using the SPDX specification, or any portion hereof, you hereby agree that any copyright [rights] STRIKE (as determined by your jurisdiction) in any SPDX-Metadata, including without limitation explanatory text, shall be subject to the terms of the [below recited] (STRIKE - parentesis at end of sentence says the same thing) Creative Commons CC0 1.0 Universal license (reproduced in its entirety below).

Further, for SPDX-Metadata not containing any copyrightable material, you hereby agree and acknowledge that the SPDX-Metadata is provided to you "as-is" and without any representations or warranties of any kind concerning the SPDX-Metadata, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law.

***


Jilayne Lovejoy |  Corporate Counsel
jlovejoy@...

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