On 02/01/2018 21:44, dal dalapeyre@xxxxxxxxxxxxxxxx wrote:
On Jan 2, 2018, at 1:07 PM, Denise French dfrenchlibrary@xxxxxxxxx <niso-sts-list-service@xxxxxxxxxxxxxxxxxxxxxx> wrote:
………
3. How do we put in the XML that we grant permission
to adopt to specific organizatoins?
What an amazingly good question, and I have absolutely
no idea. Gerrit? Robert? Leslie? This never came up in
the original meetings.
This is often dealt with outside of a standard rather than being
explicitly encoded in a standard.
If it were to be encoded in the standard, the <permissions> element [1]
(NISO-STS-idiomatically within <std-meta> or <std-doc-meta>) may hold an
<ali:license_ref> element with a URI that points to a human- or
machine-readable license text. Alternatively, the license conditions can
be included verbosely, in a <license> element below <permissions>.
I’m working within the ISO/CEN/DIN chain of adoption most of the time,
and (unless I’m mistaken) they don’t encode or link to license
conditions within the standards themselves. (They only include copyright
statements that state you must not reproduce the content without
permission.)
The Vienna Agreement [2] is one of the most important out-of-line
documents in this context. It governs co-operation between ISO and CEN.
One stated mode of co-operation is “… the adoption of existing
international standards as European standards.”
CEN members, in turn, have agreed to the “withdrawal of conflicting
national standards upon publication of a European standard.” [2] This
implies that CEN will grant, as a necessary prerequisite, its member
organizations the right to adopt European standards (if they must adopt
it, they need to be allowed to do so). Each European standard contains
this clause:
“CEN members are bound to comply with the CEN/CENELEC Internal
Regulations which stipulate the conditions for giving this European
Standard the status of a national standard without any alteration.”
Outside of these frameworks, the right to adopt relies on the copyright
holder’s permission, which may be given on an individual basis or by
explicitly stating licensing conditions, as described above.
As an aside:
Adoption may occur either by inclusion or by reference. See the
paragraph about <std-xref> within <adoption> [3]:
“The <std-xref> element may be particularly useful when a standards
organization does not possess the XML version of the standard they are
adopting, but only, for example, the PDF version. The <std-xref> element
can also be used in situations where the adopting organization does not
have permission to distribute the standard being adopted.”
It is an interesting question whether someone is legally entitled to
adopt your standard *by reference* even though you (hypothetically)
exerted your copyright to prevent them from adopting your standard. This
question belongs into the realm of legal sophistry, together with
questions whether you endorse someone’s Web content by linking to their
site, or whether a Web site owner may legally prevent you from linking
to their site. One question in this context is whether a standard’s URI
itself can be made subject to copyright (I doubt it), so that they can
prevent you from referring to it.
But adoption-by-reference is probably a thing that copyright holders are
not keen on suppressing anyway. Users of the standard need to ultimately
purchase the standard text at the originator’s shop if they want to read
its provisions in full.
Gerrit
[1]
http://niso-sts.org/TagLibrary/niso-sts-TL-1-0-html/element/permissions.html
[2]
http://isotc.iso.org/livelink/livelink/fetch/2000/2122/4230450/4230458/Agreement_on_Technical_Cooperation_between_ISO_and_CEN_%28Vienna_Agreement%29.pdf?nodeid=4230688&vernum=-2
[3]
http://niso-sts.org/TagLibrary/niso-sts-TL-1-0-html/element/adoption.html
—Debbie
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