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Re: Indy Documentation

To: Florian Lohoff <flo@rfc822.org>
Subject: Re: Indy Documentation
From: Nancy Bigham <bigham@cthulhu.engr.sgi.com>
Date: Tue, 16 May 2000 10:17:16 -0700
Cc: Ralf Baechle <ralf@oss.sgi.com>, Geert Uytterhoeven <geert@linux-m68k.org>, Ulf Carlsson <ulfc@calypso.engr.sgi.com>, linux@cthulhu.engr.sgi.com, linux-mips@fnet.fr, linux-mips@vger.rutgers.edu
Organization: Linux
References: <20000513183248.C1279@paradigm.rfc822.org> <Pine.LNX.4.05.10005142056290.9474-100000@callisto.of.borg> <20000515232358.E1682@uni-koblenz.de> <20000516120830.F2191@paradigm.rfc822.org>
Sender: owner-linuxmips@oss.sgi.com
Florian Lohoff wrote:
> 
[...]
> 
> What is the license or publishing restrictions of those documents ?
> 

The documentation is copyrighted by SGI. Attached are two sections from
internal web pages at SGi explaining copyright infringement and fair use
of copyright material.

For more information on U.S. laws regarding copyrights, see
http://www.loc.gov/copyright/circs/circ1.html

===============
WHAT IS COPYRIGHT INFRINGEMENT?

Copyright infringement occurs where someone copies all or a significant
portion of a copyrighted work. 

To prove infringement, a copyright holder must demonstrate that the
alleged infringer had access to the original work (typically a
reasonable opportunity to see or hear it), and that the infringer's
resulting work
was substantially similar thereto. The copyright holder need not prove
such access where the similarity between the works is so striking as to
preclude the possibility that one was created without reference to the
other. 

Although this is still a developing area of the law, courts have held
computer software copyrights infringed when object code was
disassembled, translated into another language, modified, or emulated by
utilizing
the same "structure, sequence, and organization" as the original. Under
this rule, it is entirely possible that one software program could
infringe the copyright of another without having a single line of code
identical to the copyrighted work. On a more basic level, literal
copying of a work (or even a small but significant
portion) will also infringe the original. 

Silicon Graphics is committed to protecting its works (especially
software programs) through copyright registration, and to avoiding
copyright infringement by company employees. Please bring any suspected
copyright infringement to Legal Services' attention as quickly as
possible. 

For specific information regarding Silicon Graphics' position on
copyright infringement, see Legal Services' document called
"Intellectual Property Policies and Guidelines" 

WHAT IS "FAIR USE"OF A COPYRIGHTED WORK? 

Not all copying of copyrighted works is illegal. The "fair use" doctrine
allows unauthorized copying of all or portions of copyrighted works in
certain instances, but typically on a "not-for-profit" basis. Since most
Silicon Graphics' uses are on a "for-profit" basis, as they are in
connection with our business, we are unlikely to meet these
requirements. 

Therefore, if you wish to use tables, figures, pictures, sound,
extensive quotations, or other aspects of a copyrighted work, we must
first secure the written permission of the work's author. When in doubt,
please
assume that you need such authorization, and contact Legal Services for
assistance. 
=======

The short answer is that Ralf cannot make copies and distribute the
documents he has without permission from SGI. Seeing how I gave him the
docs, I can certainly talk to our legal department to see if it's
possible to allow him to make copies. 

We would have to take the contents of the Exabyte types under the same
consideration - i.e. review for legal rights to distribute contents.
It's quite possible that there are contents on backup tapes that SGI has
no right to redistribute.

Nancy
-- 
Nancy Bigham
SGI          MS 8U-500   650 933-1608   bigham@engr.sgi.com

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