<div dir="ltr"><div dir="ltr"><br></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Tue, Jul 16, 2024 at 8:37 AM Giacomo Catenazzi <<a href="mailto:cate@debian.org">cate@debian.org</a>> wrote:</div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
But a standard is much more then just API and structures. As we learned: <br>
"nobody can build a network stack just reading RFC, without looking BSD <br>
code", for this reason "reference implementation" is important (and part <br>
of the original question),</blockquote><div><br></div><div>But please note that the elements of the reference implementation that <i>must be copied in order to interoperate </i>are not themselves copyrightable.</div><div><br></div><div>Indeed, programmers seem to believe that their code is uniformly copyrightable. In fact you can copyright some pieces of your code. A lot less than most people think.</div><div> </div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">but also text and rationale.</blockquote><div><br></div><div>And this brings us back to the fact that the text of the standard can be copyrighted as the text of a standard, but the software implementation, unless it somehow reproduces large swathes of the rationale, would not be infringing of it. And of course said swathes could be stripped out.</div><div><br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"><br>
We can look at Unicode Standard: the text is much more than just a <br>
standard, it has a lot of linguistic and stylistic works.</blockquote><div><br></div><div>All of which has the most dubious of copyrightability, due to its purpose being entirely functional.</div><div> </div><div>So, I understand Nate's purpose. I don't believe the law will be of much help to him in it, though. And the issuance of a specialized license for the standard will mainly have the effect of fooling others into the belief that it can be enforced. Or worse - convincing courts that this is the new norm and that it <i>should </i>be enforced. This is the main reason that I objected to Open Hardware licenses. We had so much to lose if courts started to believe that they <i>should </i>be enforced. Imagine if every schematic in every electronics book had an enforceable copyright that governed the <i>implementation. </i>It would greatly hobble the field.</div><div><br></div><div> Thanks</div><div><br></div><div> Bruce</div></div></div>