On Fri, Sep 14, 2012 at 07:24:12AM -0700, tglassey wrote:
For instance - how do you deal with an ID which was originally
published under one set of IP rights and another later one - or a
derivative work which is published under a separate set of rights -
which functionally contravenes or sets aside those original rights
authorizations?
This is a serious issue.
Indeed, it is, and if anybody would provide examples where we've had
this problem, I would be standing in line to argue that indeed we need
to make a policy and write stuff down.
Instead, the best anyone comes up with is (1) artificial examples of
stuff that might happen someday maybe if someone does something wrong
and (2) one-off cases that are incredibly tricky anyway.
In response to (1), I say this is a problem we don't have. We have a
poor track record with protocols for which there is no obvious
immediate need (indeed, even when there's an obvious immediate need,
we often screw it up). Why would policy be different?
In response to (2), I say that hard cases make bad law. They're all
going to be exceptions anyway.
A
--
Andrew Sullivan
ajs(_at_)anvilwalrusden(_dot_)com