Re: Re: XML Namespaces

> > On 13/10/2004 Clinton Gallagher wrote:
> >
> > My motives are not unique nor is there any reason to view
> > them as suspicious. As of late I have simply wanted to 
> > determine two criteria:
> > 
> > 1.) How exactly XML Namespaces actually function, e.g.
> >     strict or loosely coupled so to speak.
> > Here is a namespaces tutorial:
> > http://www.topxml.com/xml/articles/intro_schema/31100701.asp
> > 2.) Determine if XML Namespaces may be copyrighted and 
> >     registered as such.
> >
> > On 13/10/2004 Ian Davis replied:

> It's difficult to answer this without you being more precise.  
> Are you asking whether it is possible to copyright:
> 
> 1) the namespace prefix in a document
> 2) the namespace uri
> 3) the namespace specification document
> 4) the namespace terms
> 5) something else
> 
> I would suggest that 1 and 2 are probably not copyrightable,  
> <snip />
> Since you mention the word 'registered' I wonder if in fact  
> you mean trademarked instead of copyrighted. Conceptual works are 
> automatically copyrighted unless you place in the public domain. 
> <snip />
> It would also help to understand your goals...
> ...Is this so that you can control usage of the namespace?
> If so, I think you are likely to find that few people will want 
> to use the namespace and will seek alternative, unencumbered 
> ones to use instead.

I've hacked up our comments for brevity and clarity and hope to
avoid any misconceptions as I continue to -- briefly -- try my best 
to respond to two different sets of replies.

After many discussions with lawyers who claim IP experience
(Intellectual Property) -- even one in Silicon Valley -- I've 
*finally* found an IP lawyer who claimed experience developing 
software who explained it was his 'opinion' that the U.S. 
Copyright office and the courts would reject a 'registration' 
for an XML Namespace as an 'expression' and very well the entire 
document itself noting the following...

A.) The 'expression' must apply to the entire document

I assert and declare a copyright of the XML Namespaces 
I have defined and are 'expressed' as:

Copyright 2004, Clinton Gallagher
xmlns:metromilwaukee="http://metromilwaukee.com/"
xmlns:mke="http://metromilwaukee.com/"

Noting stability issues that may become apparent with
various parsing implementations a METROmilwaukee.dtd is 
available for public consumption at 
http://metromilwaukee.com/dtd/metromilwaukee.dtd

On the basis of your 'partially' correct belief regarding
copyright 'registration' and your incorrect belief that 
"Conceptual works are automatically copyrighted unless 
you place in the public domain" writing the namespaces
in this.document and announcing an instance of their use
has been published meets both requirements needed to 
establish a defensible copyright. 

That is, I have created a 'fixed expression' where 'fixed' 
in the context of copyright law is the written expression 
as dated by this.document which establishes a 'date of 
conception' noting I have publicly fixed a date of 
conception with signed witnesses on January 5, 2003 
when the conception was 'fixed' to a napkin. :-)

The second 'prong' or test of the assertion to copyright
is determined by the 'date reduced to practice' meaning 
the fact that the expression (in the form of a .dtd) 
was 'published' for use by those who would read it, sing it, 
parse it and so on, again by the date of this.document.

Now, as for the widely held misconception regarding the 
'registration' of copyright I have learned from legal
counsel that it is correct that one need not register the 
copyright with the U.S. Copyright office but doing so only 
costs some $35.00 and if registered within 90 days of the 
date reduced to practice the holder of the copyright may
enter the courts to defend the assertion.

Without registration one is not allowed into the courts
to defend the assertion. Furthermore, if not registered 
within 90 days as noted the remedies are greatly reduced, 
i.e. no penalties for infringement, no lawyer fees and so 
on where all that can be achieved is to force the infringers
to cease and desist infringing.

Those are the facts as explained to me by legal counsel
and with respect to the extent my copyrighted expression 
is fixed and published I may continue to argue.

My argument contends that an XML Namespace *is* the 
expression and that which follows in any given document 
instance is a derivative of the expression. I use the analogy 
of musical passages such as jingles as the basis of my argument. 

A jingle can be copyrighted but so far it is being said
that the same can not apply to an XML Namespace. What follows 
in Item B appears to be why...

B.) XML is a 'file structure'

The lawyer explained that XML is a file structure and
illustrated by comparing to the structure of a word 
processing document which is why he explained, competing 
word processor vendors have been able to reverse engineer 
the file structure of a given document type so as to allow 
their product to read and open the competing vendor's files.

My only reason for all of this is quite simple: to be able to
protect my work and my business endeavors without infringement
by monopolistic corporations such as the media organizations that
in my region already own and control the radio stations, television
stations, newspapers, and websites presuming that they and they
alone are the public trust of news and advertising that is
commingled with news as a commercial endeavor.

Once one does any reading it becomes quite clear that copyright
was created to protect people like me from organizations like
that. By posting here as well as elsewhere I hoped to engage
in discussion with others and learn from them if they too may 
have had reason to explore this issue for themselves, their
respective employer organizations or any organization which I
contend will have reason to be concerned.

<%= Clinton Gallagher d.b.a METROmilwaukee












 
Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/rss-dev/

<*> To unsubscribe from this group, send an email to:
    [email protected]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/