Licensing dilema!?
 
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Licensing dilema!?

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(@member)
Posts: 22
Eminent Member
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( This email isn't a self advertisement or email for self promotion rather a PROBLEM.)

I have been working on a book for about 2 years now. While writing it I have also referred and copied from thousands of online references which, i'm sure fall under several license terms. For several materials i have maintained its originality and have included as complying with its terms as stated is or have re-written it by my own. BUT i'm sure neither of my efforts are even near to satisfactory. Neither i have complete tracks of each and every paragraphs/pages or the original links that i have referred from. I plan to release it online for free-to-read and as paper book.

What are the best ways to RESCUE MYSELF FROM THIS LICENSING HURDLE IN THIS SITUATION???

I tried working by my own on a license terms/disclamer (enclosed below) but i guess i ended up writing something UGLY. Any suggestion to fine tune the license, suggestions on ways to speed up the categorizing the process or any directions to smoothen the above problem should be helpful.

NOTE I doubt if i can hire/consult a lawyer on this issue because many
of them out here in Nepal have heard abt GPL, EULA etc? Moreover, how
many of them have ACTUALLY DEAL WITH A CASE RELATED TO COPYRIGHTS? I
know they can give me insights on legal issues that revolves around
this but i doubt any where near to my real problem. I've also tried posting this problem in other legal issues related group but no response )o

please suggest……

——————-DISCLAMER———————–
TEXTS, ALL OTHER MATERIALS AND SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS TEXTS, ALL OTHER MATERIALS AND SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Before reading this book you must also understand, and agree to completely comply on the following terms. If you don’t agree and accept any of the following terms herein you must donate this book to someone else or DESTROY this book. In this situation, neither the author nor the distributor or the promoter of this book will assume NO liabilities for economic, moral, legal or any other liabilities whatsoever imposed by the State, Country, Buyer or any Reader of this book.

THIS INFORMATION IS HERE FOR INFORMATION PURPOSE ONLY. THE AUTHOR DOESN'T PROMOTE ANYTHING ILLIGAL. I nor the persons providing this file, or other owners or contributors included in this book; will NOT assume ANY responsibility for the use, misuse, or abuse, of the information provided herein. The following information is provided for educational purposes ONLY. The information is NOT to be used for illegal purposes. I do not guarantee that any of the information contained on this book is correct, workable, or factual. I am not responsible for, nor do I assume any liability for, direct or any indirect damages resulting from the use of information herein.

By reading any materials in any form associated with book enclosed herein or elsewhere you are AGREEING to the following terms

I agree to, and understand, that I am responsible for my own actions.

I understand that this information is for educational purposes only.

I accept liability for my own deeds.

IF ASKED BY LAW OR BY THE ORIGINAL AUTHOR, I agree to delete, omit, wipe and completely destroy partly section, pages, paragraph, and topic of this book or the complete book by a standard means or as instructed.

Product, text, service, phrases, materials or names included in this book are the property of their respective owners. If text included in this book fall under any other license terms it will continue fall under it as licensed by its original author and your bonds, rights or prohibition FIRSTLY EXTEND TOWARDS (BUT NOT LIMITED TO IN ALL CASES) THE ORIGINAL LICENSE TERMS. All copyrights exists with their original authors and creators. My only claim is to this compilation, which i ask all to only reproduce with this disclaimer.

IF YOU ARE THE ORIGINAL AUTHOR OF THE TEXTS THAT I HAVE MISSED TAKING PERMISSION FROM, VOILATED YOUR OWNERSHIP OR RIGHTS OR THINK SOME CREDITS ARE STILL MISSING FEEL FREE TO WRITE TO ME. I AM ALWAYS EAGER AND WOULD BE ALWAYS HAPPY TO GET IN TOUCH WITH YOU, PERSONALLY THANK YOU AND MAKE ALL NECESSARY ADJUSTMENTS IN FURTHER RELEASES (IF ANY 😉

You must also read and agree upon all the license terms enclosed with book.

ONLY PROCEAD FURTHER READING OF THE BOOK AFTER ACCEPTING AND UNDERSTANDING THE TERMS HEREIN.

Rest, all others, Copyright © 2005-2007, Bipin Gautam
All rights reserved.

- You can freely distribute any section of the book for personal use IN DIGITAL FORM ONLY maintaining the originality of the texts as distributed by the author with this copyright notice, this list of conditions and the following disclaimer with proper references & credit.

- YOU ARE PROHIBITED to PRINT THIS E-BOOK FOR PERSONAL READING. In this case you have to order this BOOK. For personal reading purpose you can only read this e-book in digital form as-is distributed by the original author. But you are free to print partial sections of this e-book not exceeding 15% of the original book in total, by volume for further personal references or notes.

- You are not allowed to re-publishing the content herein in any form. If you are re-publishing the content herein in any form, please contact me for proper permission and details…

- Neither the name of any ORGANIZATION nor the names of its contributors may be used to endorse, promote products or services derived or related to this book without specific prior written permission.

- You can quote, keep personal notes and edit or add to any section of this e-book maintaining it in digital format for "NON-PROFIT, PRIVATE and SOLITARY" USE ONLY.

During the description in the book I have quote, copied merged and/or edited texts from many discussion boards, mailing-lists, publications, presentations, research papers, websites and materials in public domain. BUT I have tried my best to make sure the texts and materials I might have used comply with the 'Fair Use' under Copyright Law. For some text have asked permission form the author where the subject matter has been described better than I can explain instead of me re-inventing the wheel. I have only copied free materials from authors & materials in public domain or by trying to comply with the legal and copyright agreements. But as this text is compilation of lots of text i had accumulated over a long period of time, and quite a bit of old references some are no longer valid given that pages have moved or disappeared from the Internet.

——————————————

 
Posted : 10/12/2006 8:40 pm
(@dodginess)
Posts: 14
Active Member
 

Hi There,

Fortunately (pending more qualified advice) the situation shouldn't prove too difficult - release the online version first with the copyright notice and a disclaimer that states to the effect that

"Where possible, all efforts have been made to obtain permission from and acknowledge the original copyright holders where material is reproduced or quoted from in this text. If you are the copyright holder of any material featured in this publication and have not been credited or wish to have your material removed from the text please contact the author at author@publisher.com."

The online version effectively gives you a "consultation" period in which you can make amendments to the text before committing yourself to a printed version.

The disclaimer you've already written is generally fine though the point about not being allowed to print out the document needs looking at. If you release this as a PDF you can restrict printing in the document security settings. From an accessibility perspective, a person may find it difficult to read off of the screen for long periods, may be "printing" to a Braille device or may just wish to print off a few pages for reference (education students). If the book is sufficiently long most people won't print off 500 pages and, in any case, would prefer a properly bound book over a messy loose-leaf binder. This comes down to price and availability - in real terms a good book is an absolute bargain, especially one that can benefit your working practices!

Unless anyone else has any suggestions, I'd be happy to look at the full disclaimer once I have a moment )

HTH,

Neil

 
Posted : 11/12/2006 3:40 am
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