Who we are   Organizations   Get Involved!   Helpdesk   Weblog   About FLORA   Server project   F.A.Q.

Election 2006 (and beyond): Digital Copyright Canada

Re: First draft of FLORA.org Terms and Conditions

From: Peter Timusk <ptimusk_-at-_sympatico.ca>
To: flora-admin-help_-at-_flora.org
Date: Mon, 2 Jun 2003 18:23:55 -0400

Russell I have no problems with this preamble you need protection I am 
sure. I don't think there is anything commercial on our garden pages. 
There are some photos so I am unsure of where that leaves the 
photographer. I have a claim on our garden pages that we retain 
copyright for the garden this is not for commercial gain that I do this 
but rather a type of data protection so that others don't take our 
content modify it and misrepresent us.

Now well I have no problems with the preamble and I want you to be 
protected. I do see a problem with comparing literary content like it 
was linux source code. this is not an analogy that I think holds water. 
In other words our web site "words" can not be GPL'd. I don't think 
written work can be GPL'd. There are other things about copyrights I 
know about so I will look at the draft and try to help.

My help and our emails are not copyright.


On Sunday, June 1, 2003, at 08:16  PM, Russell McOrmond wrote:

>
>   Rather than talking around in circles, I have posted the first draft 
> at
> http://www.flora.org/flora/legal.shtml so we can be talking about an
> actual draft document rather than people assuming things that are not
> written down.
>
>   First of all I want to remind people that the purpose of this 
> document
> is to do two things (it started out only as the first, but the second
> became obvious that it was necessary):
>
>   a) To seek to protect me from someone trying to sue FLORA.org (really
> its sponsor which is me) for something on the website, posted in 
> mailing
> lists, or otherwise distributed by FLORA.org.
>
>    This is not an option to not pursue, and I am entirely unwilling to
> continue to operating FLORA.org without such a document.  As some of 
> the
> people in this forum have noted the Internet exists in many countries, 
> and
> there are a variety of laws that someone can try to (ab)use to try to 
> sue
> me.  Given the cult of lawsuits (especially from our 'neighbors' to the
> south) we need to be more formal than we have in the past.
>
>   If it doesn't offer me the protection I am seeking, at least it 
> makes me
> sleep better at night.  The alternative to authoring such a document 
> is to
> close FLORA.org, which is obviously the lesser of the available 
> options.
>
>
>   b) To clarify the 'no commercial content' nature of FLORA.org.
> FLORA.org exists to offer free services to those who might not 
> otherwise
> be able to afford these services commercially, and is not intended to 
> be a
> $free$ ride.
>
>
>
>   I have been dismissive of some opinions for what should be an obvious
> reason.  I have been offering services on FLORA.org (and earlier 
> versions)
> for almost 10 years now.  To now have my motivations questioned is 
> rather
> disheartening.  I am not out to try to 'rip people off', and the fact 
> that
> I've been running FLORA.org for so long without asking for payment/etc
> should be proof enough.
>
>   When I read people claim that I am trying to take away their rights I
> wonder whether they are really trying to 'rip me off', or retain a
> situation where they could sue me for my volunteer/sponsorship efforts 
> on
> FLORA.org.
>
>   Some trust has to exist of me as sponsor.  If people don't trust 
> that I
> am trying to manage (and protect) FLORA.org to the best of my 
> abilities,
> then there is not much I can offer them.  If people want to help me 
> with
> FLORA.org, please continue to contribute to this forum and this thread 
> to
> do so (including improving this document).
>
>   If you wish to protect some other right *against* FLORA.org (and 
> myself
> as sponsor), then I am forced to welcome you to please take your 
> concern
> (and yourself) elsewhere.
>
>
>   The most controversial part of the discussion seems to be the 
> copyright
> license for submissions to discussion groups, so I will repeat it here:
>
Peter Timusk B.Math Carleton University now studying for a BA in law
ptimusk@sympatico.ca www.crystalcomputing.net
web master/math tutor/security guard/poet/musician/
communityvolunteer/mental illness activist.
Union delegate/ GreenPartyOttawaCentre volunteer coordinator
Red Hat linux user/newbie, OSX newbie, XML newbie,
maintainer of alt.support.schizophrenia FAQ and home page.

Please read the FLORA.org Terms and Conditions before you submit information to FLORA.org
Join the Blue Ribbon Online Free Speech Campaign (USA) (Canada)	FLORA Community Web (FLORA.ORG) is sponsored by FLORA Community Consulting (FLORA.CA).