-------- Original Message -------- Subject: RE: [Politech] Pentagon censors video [ip] - forgets their own rules in doing so. Date: Wed, 1 Sep 2004 21:49:58 -0400 From: Ethan Ackerman <eackerma@private> Reply-To: <eackerma@private> To: Declan McCullagh <declan@private> Greetings Declan, for Politech, if you wish. Defense Federal Acquisition Regulations (DFARS) govern DoD contracting, and generally require that all contractors either transfer copyright in their works or grant the govt. an expansive license in the works that includes rights to redistribute or re-use. (Software is one of several exceptions, which is why those few people who actually read clickwrap license sometimes see language about 'notwithstanding DFARS regulation xxx.yy para. zz'...) So what it sounds like is the Army attorney hasn't thought yet of its own acquisitions regulations, is seizing on a convenient obfuscating opportunity, or this is an example of govt. admitting it didn't follow its own procurement rules... (good DFARS licensing explanation, if only the links would work, at: http://www.dtic.mil/cendi/publications/04-8copyright.html#43 ) DOJ's previous advice on how copyright law is generally NOT a reason to deny a FOIA request: http://www.usdoj.gov/oip/foia_updates/Vol_IV_4/page3.htm -Ethan -----Original Message----- From: politech-bounces@private [mailto:politech-bounces@private]On Behalf Of Declan McCullagh Sent: Wednesday, September 01, 2004 8:00 PM To: politech@private Subject: [Politech] Whoops! Pentagon censors "right to know" video [ip] [...] "We knew it would be embarrassing," said Suzanne Council of the Army Office of the Chief Attorney, which gave advice to censor the scenes because of copyright concerns. [...] The Army lawyer, Council, said her law staff recently asked the organizations again for their permission and were denied. "We couldn't get approval; we did our darnedest," she said. Legal experts challenged the Pentagon's refusal to release the entire video, arguing it was improper under the Freedom of Information Act - the subject of the videotape itself - for the government to withhold records because they include copyrighted material. The video lists reasons for withholding government documents under U.S. law but does not mention copyright. It cites seven categories of information that can be withheld, including classified documents and "trade secrets and commercial and financial information given by companies in their bids for contracts." ----- End forwarded message ----- _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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