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Software Copyright Resources?

I'm having a difficult time determining how to proceed with protecting
an eXtensible Markup Language (XML) I am developing for use with
an application written in C#.

I'll probably be using Creative Commons as I want to make it possible
for others to freely use the markup language while disallowing others
to resell or reuse in commercial endeavors. I have no clue how
enforceable a Creative Commons Copyright may be when the U.S.
Copyright office is the 'official' authority.

Can someone provide me with any advisory resources, case histories,
guidelines or documentation regarding the copyright of software?
Anything but the U.S. Copyright office should be helpful as I'm already
aware of their resources. XML is so new and the use of the word
copyright is so common I am not finding much luck using Google.

FYI - I've discovered and listened to a streaming audio book [1]
"Free Culture" that is all about copyright. Very very interesting...

--
<%= Clinton Gallagher, "Twice the Results -- Half the Cost"
Architectural & e-Business Consulting -- Software Development
NET cs*********@REMOVETHISTEXTmetromilwaukee.com
URL http://www.metromilwaukee.com/clintongallagher/

[1] http://www.turnstyle.org/FreeCulture/
Jul 20 '05 #1
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4 Replies
clintonG (cs*********@REMOVETHISTEXTmetromilwaukee.com) wrote:
: I'm having a difficult time determining how to proceed with protecting
: an eXtensible Markup Language (XML) I am developing for use with
: an application written in C#.

: I'll probably be using Creative Commons as I want to make it possible
: for others to freely use the markup language while disallowing others
: to resell or reuse in commercial endeavors. I have no clue how
: enforceable a Creative Commons Copyright may be when the U.S.
: Copyright office is the 'official' authority.

An xml markup language can not be copyright, it would have to be patented.

You can copyright a book _about_ the language, and depending on the type
of data in a marked up document, you may be able to copyright specific
documents that used the language. You could also copyright specific
implementations of software that somehow involved your language. But the
language itself is a technique, and would have to be patented.

Patenting is much harder than copyright. Copyright automatically belongs
to the author of anything that can be copyright basically as soon as it is
created.

Patenting is an involved process.

However, there are ways to protect the names of thing. A "registered
trademark" for example, and others I am not familiar with. One of those
technique could allow you to protect the name of the language, and to tie
any use of the name back to you, the author.

Caveat, I am not a lawyer, these are my opinions, based on things I have
read.

Jul 20 '05 #2
I understand but disagree with your comments which I appreciate
regardless. I've done due diligene in other areas and am well
familair with trade mark and trade name issues.

XML is a *computer language* and as such a computer language
can in fact be copyrighted if it meets specific criteria, notably the
requirement that it must be (1) original, (2) creative, and (3) fixed in
a tangible medium of expression. It can also be a derivitive work
as XML if that which the derivitive is derived from does not
disallow derivitive works. I've discussed this with 2 guys from the
W3C each of whom confirmed that XML itself is in the public
domain but when asked to substantiate could not provide any
documentation. I'm still trying to find legal counsel for the W3C
in this regard.

Aside from that, it is item 3 most of us laypersons have problems
understanding how to apply. The 'expression' is the determination of
the means by which the original and creative work is conveyed
including the structure and the presentation of the conveyance.

For example, did you know the way a web page is displayed on
the monitor can be copyrighted? That would be a good example
of 'expression' and was the basis for lots of litigation which most
of us refer to as the 'look and feel' noting there are grey areas that
can and will affect what I am working on that could compromise
how the expression is 'published' which can make or break me
as the process of publishing a copyrighted work is a very important
condiseration of the expression itself.

Clear as mud heh :-)
--
<%= Clinton Gallagher, "Twice the Results -- Half the Cost"
Architectural & e-Business Consulting -- Software Development
NET cs*********@REMOVETHISTEXTmetromilwaukee.com
URL http://www.metromilwaukee.com/clintongallagher/

"Malcolm Dew-Jones" <yf***@vtn1.victoria.tc.ca> wrote in message
news:41******@news.victoria.tc.ca...
clintonG (cs*********@REMOVETHISTEXTmetromilwaukee.com) wrote:
: I'm having a difficult time determining how to proceed with protecting
: an eXtensible Markup Language (XML) I am developing for use with
: an application written in C#.

: I'll probably be using Creative Commons as I want to make it possible
: for others to freely use the markup language while disallowing others
: to resell or reuse in commercial endeavors. I have no clue how
: enforceable a Creative Commons Copyright may be when the U.S.
: Copyright office is the 'official' authority.

An xml markup language can not be copyright, it would have to be patented.

You can copyright a book _about_ the language, and depending on the type
of data in a marked up document, you may be able to copyright specific
documents that used the language. You could also copyright specific
implementations of software that somehow involved your language. But the
language itself is a technique, and would have to be patented.

Patenting is much harder than copyright. Copyright automatically belongs
to the author of anything that can be copyright basically as soon as it is
created.

Patenting is an involved process.

However, there are ways to protect the names of thing. A "registered
trademark" for example, and others I am not familiar with. One of those
technique could allow you to protect the name of the language, and to tie
any use of the name back to you, the author.

Caveat, I am not a lawyer, these are my opinions, based on things I have
read.

Jul 20 '05 #3
clintonG (cs*********@REMOVETHISTEXTmetromilwaukee.com) wrote:
: I understand but disagree with your comments which I appreciate
: regardless. I've done due diligene in other areas and am well
: familair with trade mark and trade name issues.

: XML is a *computer language* and as such a computer language
: can in fact be copyrighted if it meets specific criteria, notably the
: requirement that it must be (1) original, (2) creative, and (3) fixed in
: a tangible medium of expression. It can also be a derivitive work
: as XML if that which the derivitive is derived from does not
: disallow derivitive works. I've discussed this with 2 guys from the
: W3C each of whom confirmed that XML itself is in the public
: domain but when asked to substantiate could not provide any
: documentation. I'm still trying to find legal counsel for the W3C
: in this regard.

: Aside from that, it is item 3 most of us laypersons have problems
: understanding how to apply. The 'expression' is the determination of
: the means by which the original and creative work is conveyed
: including the structure and the presentation of the conveyance.

: For example, did you know the way a web page is displayed on
: the monitor can be copyrighted? That would be a good example
: of 'expression' and was the basis for lots of litigation which most
: of us refer to as the 'look and feel' noting there are grey areas that
: can and will affect what I am working on that could compromise
: how the expression is 'published' which can make or break me
: as the process of publishing a copyrighted work is a very important
: condiseration of the expression itself.

: Clear as mud heh :-)
(egads, all this top posting)

Suit yourself, but I don't see that "look and feel" copyrights have
anything to do with copyrighting an xml language.

: --
: <%= Clinton Gallagher, "Twice the Results -- Half the Cost"
: Architectural & e-Business Consulting -- Software Development
: NET cs*********@REMOVETHISTEXTmetromilwaukee.com
: URL http://www.metromilwaukee.com/clintongallagher/

: "Malcolm Dew-Jones" <yf***@vtn1.victoria.tc.ca> wrote in message
: news:41******@news.victoria.tc.ca...
: > clintonG (cs*********@REMOVETHISTEXTmetromilwaukee.com) wrote:
: > : I'm having a difficult time determining how to proceed with protecting
: > : an eXtensible Markup Language (XML) I am developing for use with
: > : an application written in C#.
: >
: > : I'll probably be using Creative Commons as I want to make it possible
: > : for others to freely use the markup language while disallowing others
: > : to resell or reuse in commercial endeavors. I have no clue how
: > : enforceable a Creative Commons Copyright may be when the U.S.
: > : Copyright office is the 'official' authority.
: >
: > An xml markup language can not be copyright, it would have to be patented.
: >
: > You can copyright a book _about_ the language, and depending on the type
: > of data in a marked up document, you may be able to copyright specific
: > documents that used the language. You could also copyright specific
: > implementations of software that somehow involved your language. But the
: > language itself is a technique, and would have to be patented.
: >
: > Patenting is much harder than copyright. Copyright automatically belongs
: > to the author of anything that can be copyright basically as soon as it is
: > created.
: >
: > Patenting is an involved process.
: >
: > However, there are ways to protect the names of thing. A "registered
: > trademark" for example, and others I am not familiar with. One of those
: > technique could allow you to protect the name of the language, and to tie
: > any use of the name back to you, the author.
: >
: > Caveat, I am not a lawyer, these are my opinions, based on things I have
: > read.
: >

--

(Paying) telecommute programming projects wanted. Simply reply to this.

Jul 20 '05 #4
On Tue, 28 Sep 2004 16:01:55 GMT, "clintonG"
<cs*********@REMOVETHISTEXTmetromilwaukee.com> wrote:
I'm having a difficult time determining how to proceed with protecting
an eXtensible Markup Language (XML) I am developing for use with
an application written in C#.


What are you trying to protect ?

A schema for XML ?

A trademark applied to this schema ? (this is a very popular
commercial technique - there is stronger established legal protection
over trademarks than there is over most technical standards)

Data encoded in XML ?

Your legal and technical options vary widely, depending on which one
you wish to protect. Please describe it further.
--
Smert' spamionam
Jul 20 '05 #5

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