Re: [niso-sts] Tagging Standard that will be Adopted

Subject: Re: [niso-sts] Tagging Standard that will be Adopted
From: "Imsieke, Gerrit, le-tex" <gerrit.imsieke@xxxxxxxxx>
Date: Tue, 2 Jan 2018 17:13:34 -0500

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.




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