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Getting open source into public libraries (NewsForge)

Here's a NewsForge article that looks at spreading open source software through local libraries. "The first reaction from the open source community is usually "Great, I'll burn a whole set of CDs and donate them to my local library." This is completely and utterly the wrong thing to do. It is wrong because you will not be taking into account the responsibilities libraries have for their patrons. The CDs you burn will have to be thrown away. You will also be trying to force libraries to do what you want them to do, and nobody likes that."
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Getting open source into public libraries (NewsForge)

Posted Dec 15, 2003 23:52 UTC (Mon) by danw6144 (guest, #14336) [Link]


Here is:

TILE 17 - COPYRIGHTS
CHAPTER 2 - COPYRIGHT OWNERSHIP AND TRANSFER
Sec. 205. Recordation of transfers and other documents
(e) Priority Between Conflicting Transfer of Ownership and
Nonexclusive License. - A nonexclusive license, whether recorded or
not, prevails over a conflicting transfer of copyright ownership if
the license is evidenced by a written instrument signed by the
owner of the rights licensed or such owner's duly authorized agent,
and if -
(1) the license was taken before execution of the transfer; or
(2) the license was taken in good faith before recordation of
the transfer and without notice of it.

Suppose I contribute my exclusive copyrighted software code files to Linux
under the nonexclusive GPL license. Let's say Linus accepts my files
of code into the kernel.

Later I transfer my exclusive copyrights in writing to Microsoft Corp.
If you're using my kernel code and you don't have a copy of that GPL'd
code signed in writing, what's to keep Microsoft from suing you for
infringement of their code?

Misunderstanding purpose of section

Posted Dec 16, 2003 0:44 UTC (Tue) by gdt (subscriber, #6284) [Link]

I think you misunderstand the point of this section. The section gives the terms by which a non-exclusive license always prevails in a license transfer. It does not mean that it is the only way for a non-exclusive license to prevail.

I suggest you find a more appropiate forum for your off-topic trolls, perhaps the nice people at Groklaw might be more intetested.

Misunderstanding purpose of section

Posted Dec 16, 2003 1:07 UTC (Tue) by danw6144 (guest, #14336) [Link]

Off topic?
Perhaps you should read the article subject matter before
your flaming mouse finger convulses.

Trolling?
Many times the standard accusation when critical analysis fails.

Misunderstanding the story

Posted Dec 16, 2003 3:26 UTC (Tue) by proski (subscriber, #104) [Link]

Either you honestly misunderstood the story (which I find unlikely) or you are misrepresenting what the story is about. The later is not necessarily trolling, but it's still illaudable.

The story mentions responsibility of librarians in case if it give malicious software to its patrons, not the responsibility for distibuting works in violation of copyright laws.

illaudable

Posted Dec 16, 2003 23:20 UTC (Tue) by xoddam (subscriber, #2322) [Link]

Illaudable: Now *that* is a word worth knowing!

Misunderstanding purpose of section

Posted Dec 16, 2003 16:57 UTC (Tue) by edgewood (subscriber, #1123) [Link]

I note that you completely ignored gdt's reply to your argument, focusing completely on his suggestion (correct, I think), that your argument lacked relevance to this article, which is clear trollish behavior.

You use language which seems designed to antagonize people into a heated argument ("flaming mouse finger convulses") rather than reasoning with them.

You also have posted, several times, a 22 line "MANDATORY DISCLAIMER", part of which claims you have "powerful friends in Washington, Beijing and Moscow."

And you wonder why people think you're a troll?

Getting open source into public libraries (NewsForge)

Posted Dec 16, 2003 19:57 UTC (Tue) by khim (guest, #9252) [Link]

And it's different for all other stuff already in libraries... why exactly ?

Nice troll.

Yes, what you described (as well as buch of other laws) are problems for libraries. But it's nothing new: the same problem exist with latest Harry Potter film and laters Harry Potter book.

This is exactly what trolling is all about: instead of discussing article you start discussing some completely irrelevant things and do not even try to listen to peoples who correctly say it has nothing to do with article. Even if things are important it's not time or place to discuss it. Go to Groklaw or somewhere else where such discussion will be acceptable!

Getting open source into public libraries (NewsForge)

Posted Dec 16, 2003 5:22 UTC (Tue) by horen (subscriber, #2514) [Link]

As I understand this -- and it is the same with giving/contributing (legally) software to any other institution -- the major issues are implementation and support.

Who is going to install the software, and on which machines? Who is going to worry/provide-for integrating it with other software? When will this be performed (will it require/cause system downtime)?

But, and this is crucial -- who is going to provide ongoing support for the software (read: pay for system/software administration)? Who will worry about finding/obtaining/installing security/bug-fixes and/or upgrades? Will we have to hire a new employee, upgrade a present one, or just lay it on "Joe"?

Public and private institutions have always been flooded with donations of systems and software -- the problem is "the day after"; what do we do with it?

Getting open source into public libraries (NewsForge)

Posted Dec 16, 2003 5:45 UTC (Tue) by proski (subscriber, #104) [Link]

Think of libraries like FTP mirrors. An FTP site doesn't provide support for the software you download from it, even if you lose all your data. But if the site was distributing infected software due to gross negligence and infected thousands of systems, the site administration may be held responsible (or at least it would be reasonable for them to be held responsible).

Getting open source into public libraries (NewsForge)

Posted Dec 16, 2003 5:49 UTC (Tue) by dwheeler (guest, #1216) [Link]

I think you missed the point of the article. These CD-ROMs aren't being installed on the library computers, in fact, the casing specifically forbids patrons from doing so.

In this case, the author is contributing CD-ROMs so that the libraries can redistribute the CD-ROMs to interested patrons. This is no different than someone who really loves Tolkein going out and buying a bunch of copies for the libraries.

Getting open source into public libraries (NewsForge)

Posted Dec 16, 2003 11:51 UTC (Tue) by danw6144 (guest, #14336) [Link]

"I have been spending the last six months working to get the first open source or free software CDs available in libraries as lending CDs."
---Bob Kerr---

Suddenly a library full of open source code CD's becomes proprietary because
of 205(e), after the original authors transfer copyrights, and that's not relevant to the borrowers of those CD's?

I thought the article was about making available to the public various open source code CD's from libraries.
Hmmmmmm.

MANDATORY DISCLAIMER:
Before the eyes of all you GNU/Linux flamers glaze
over and your mouse fingers convulse:

1) I am a physicist by training ... not a lawyer.
2) I have great admiration for the leaders in the
open source and free software communities.
3) I never believe anything I'm told by anyone
without first applying methods of skeptical analysis
and neither should you.
4) I am a card carrying member of the Free Software
Foundation (membership # 1550).
5) Should the FSF revoke my membership and return
my contribution, I shall just use it to support the
development efforts at the BSD group.
6) Micro$oft screwed me and I've been pissed
at them ever since 1994.
7) I dual boot Linux 2.4 and FreeBSD 5.0.

If you still insist on flaming me, you should know
that I have powerful friends in Washington, Beijing
and Moscow.

Getting open source into public libraries (NewsForge)

Posted Dec 16, 2003 15:45 UTC (Tue) by hppnq (subscriber, #14462) [Link]

It's not quantumchromodynamics. It's perfectly simple. It's just not an issue, so please drop it.

Getting open source into public libraries (NewsForge)

Posted Dec 16, 2003 16:17 UTC (Tue) by dlapine (subscriber, #7358) [Link]

I do the consulting for the local library. My wife works there. Go figure. :)

The Gates foundation donated 4 workstations and a server. The workstations are still in use as locked-down internet browsers. The server we reformatted after a year and are using linux on it to do the same thing it was doing with Win2k, with half the problems and no downtime. We just installed another linux box to act as a firewall/router.

The nice part about the use of linux in the infrastraucture is that the staff has some familarity with it. If I were to suggest that we offer linux cd's for check-out, I think that they would understand what linux was, and might be willing to accept it as another valid medium to pprovide to their patrons. This is a good idea.

Getting open source into public libraries (NewsForge)

Posted Dec 16, 2003 16:25 UTC (Tue) by hppnq (subscriber, #14462) [Link]

I remember reading a Linux journal article about software specifically
aimed at libraries. I have forgotten the name of the project, but it did
look like a very promising effort back then.

Getting open source into public libraries (NewsForge)

Posted Dec 16, 2003 23:01 UTC (Tue) by barbara (subscriber, #3014) [Link]

I think the project you are referring to is Koha, the first open source integrated
library system -- see http://koha.org/ for more details.

When I worked in the Technical Services Dept. of a large public library, we received
donations of various Linux distros on CD. We treated it like any other CD for
circulation. IIRC, we had special labels made up stating that borrowers could make
copies of the CDs. For all software on CD we put the usual disclaimer clause about
computer viruses -- standard boiler plate stuff. The only problem was ensuring that
the old distros were replaced by newer versions. It's not good to still have a Red Hat
version 6.0 on the shelves for circulation. Here's where a local LUG can team up with
their local public library and periodically donate newer versions of Linux distros and
politely suggest weeding the earlier versions.

Barbara

More software for running libraries

Posted Dec 17, 2003 1:12 UTC (Wed) by hamjudo (subscriber, #363) [Link]

oss4lib.org Open Source Systems for Libraries lists a lot of software.

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