- From: Sean Owen <srowen@google.com>
- Date: Tue, 5 Aug 2008 14:41:01 -0400
- To: casays <casays@yahoo.com>
- Cc: public-bpwg-comments@w3.org
Boy, I'm not a lawyer, so perhaps I shouldn't even try to comment, but: My understanding is that transcoding falls under fair-use provisions. It might not if you're doing sneaky stuff like profiting from the content via ads or something. So I don't think a copyright statement is equivalent to no-transform directive, to begin with. But do you have a reference for this? if there are clear legal implications, these deserve mention. I have never heard of a company asking us to not transcode on copyright grounds. I sure have heard of companies being angry that their (copyrighted) site isn't showing up as a transcoded result. Based on my anecdotal experience, I disagree with your conclusion about what a copyright statement signals... and really we have a lot more experience to draw on in this regard. I sure don't argue that a transcoder therefore should feel entitled to transcode anything under fair-use protections. If the author doesn't want that, the author can be explicit about it with a no-transform directive. Why not use that to be clear then? On Tue, Aug 5, 2008 at 1:33 PM, casays <casays@yahoo.com> wrote: > >>On WML: >> >>This is a tricky one. We do actually want WML to be transformed to WMLC. > > This means you want to recode from WML to WBMXL, but not to > restructure -- and indeed, I have seen restructurings of WML > code by proxies whose outcome was next to unusable. > >>On Copyright: >>... >>Indeed, when authoring HTML, the author cannot have a precise view of >>the visual form of their work because intentionally, and by their >>nature, Web browsers do not set out to provide identical experiences. > > Actually, the variation of representations is fundamentally grounded > on a specification: HTML 4.0.1 is littered with warnings that it does > not prescribe an exact representation of specific constructs and that > client programs may take different decisions as to how to handle HTML > constructs (including modalities like graphical vs. textual vs. audio > browsers). That is the standard, and as such developers and content > providers cannot complain of differences in representation within the > scope of the standard. > > It is a completely different matter to perform transformations that > are outside the scope of the standard, and in particular the whole > gambit of inserting ads, links to extraneous content, logos, and in > general media that was not present there in the first place, like is > occurring disturbingly more frequently nowadays. > > Observe that an increasing number of corporate and commercial WWW > sites include copyright notices, basically stating: "We developed this > content. It belongs to us. No derivative works allowed." The presence > of a copyright meta-tag in the original content is indicative of such > intended restrictions and should therefore be properly taken into account. > > > E. Casais > > >
Received on Tuesday, 5 August 2008 18:41:47 UTC