[sword-devel] DSS (Biblical Dead Sea Scrolls based upon DJD translations)

Andrew Thule thulester at gmail.com
Wed Nov 7 14:35:30 MST 2012

Peter, I assume you understand the difference between intellectual property
and copyright.  I also assume you understand the 'derivative work'
principles of 'fair use' and 'transformativeness'.

Within science and academia, authors may cite other authors work without
permission as long as they provide credit (hence the whole business of
citations) else science and common bodies of knowledge would not progress
for the sake of humanity.  This is also why copyrighting 'science' or
'academic results' is generally frowned upon.

The Dead Sea scrolls are not themselves copyrightable.  Their translations,
being the product of largly publically funded academic work, falls under
the category of intellectual property.  As long as I cite who did the
original translation and transform the work significantly from its
originally published form (which I've done) I'm well within 'fair use'
however much you protest.  Moreover, when 'fair use' is for academic or
scientific purposes, rather than commercial purposes, the court err on the
side of free and open.

Besides, you're not being any kind of spoil sport since you're entitled to
your opinion and I'm really nor seeking your permission to do anything.  My
offer is open to the community.

With the greatest respect.

On Wednesday, November 7, 2012, Peter von Kaehne wrote:

> On 07/11/12 15:52, Andrew Thule wrote:
>> It is a derivative work from academic translations, but for now treat as
>> copyrighted, until I resolve the license issue.  With the exception of
>> Elisha Qimron's translations (by the Israeli Supreme Court no less), all
>> other DSS translations are treated as academic or scientific knowledge,
>> and so free for use, subject to citation.
> I hate being a spoilsport (and I think I get form in that...), but I do
> not think this will cut it. What is "academic" in these circumstances?
> Unless the country the translations have been made somehow PDs all produce
> by publicly funded universities (unlikely, TBH) then these texts will be
> subject to the ordinary rules as usual - no publication unless permissions
> are obtained.
> Now, I think it would be great to gain permission, and academic sources
> are often very kind + generous with these, but please be careful not to
> assume.
> Peter
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