Lessig's "Creative Commons" @ The FAA
tramm writes "The
FAA, working with the
EAA have put together
a proposal to release old type certificates and blueprints once the copyright holders no longer exist. Sort of like
Abandonware
for
airplanes.
This very closely resembles
Lawrence Lessig's idea of a
creative commons, into which source code would be escrowed. Once the copyright expired or became abandonded, the sources would be released.
"This set of legal guidelines will help the FAA develop a set of
procedures to legally release what had previously been unnecessarily
protected as proprietary data.".
Hopefully the Copyright office will take note of the success here, as well as the Supreme Court's hearing of
Eldred v Reno."
So... does this mean that Windows source code will be available to the general public by, say, January 2542?
Doesn't the Bono act make this a moot point? Exactly when are these copyrights ever going to expire?
If all this should have a reason, we would be the last to know.
Sounds like a good idea to me, sorta like software companies that put their source code into escrow so that if they go under, their customers can legally obtain it.
Too bad there's not already a way to show that intellectual property has been abandoned. This would be a great method to be able to re-publish old books, movies, and Atari 2600 games.
I'd love to see acutual engineering documents and code for stuff like the Saturn V, the lunar module and the ground control computers
They stab it with their steely knives,
But they just can't kill the beast.
The GPL is based on Copyleft, which is just an construct on top of copyright law. When the copyright on GPL'd software expires, does the software fall into the public domain?
If copyrights are to be shortened to, say, 7 years, does GPL'd code then become public domain after those seven years?
It's a point worth pondering.
You should get in touch with this guy.
if something like this has any benefit for the tech sector. Or does tech move so fast that by the time the stuff is in Public Domain ... it is so obsolete?
I've always wanted to know how to build my own
P-47! Woo-hoo! Now all I need is a couple hundred thousand dollars. Hmmm...
With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
Just so people don't get confused about what this will achieve: It will only help vintage aircraft oweners. Most of the old vintage aircraft have no manuals (IPCs etc); and the repairs would generally be applied through FAA approved engineers. Most, if not all newer aircraft will not be affected by this. I do not think that the FAA will let any one build an aircraft using these blueprints because the certification nw is totally different than earlier last century. They may however be built as experimental aircraft. That is where I think te EAA comes in.
While it may be perfectly sensible in this case (hey, aircraft and software are very different), I think a LOT of people would be nervous if their source code was automatically made available once their 'copyright' was over, this is a MUCH more serious step than just loosing your copyright.
if you loose a copyright, people can copy the program, but still need to reverse-engineer the source if they want to know your implementation.
of course, I'm totally supportive of fully open source, but we should remember that copyright is peoples right if they decide to go that way, and we should not assume that when this lapses we have the right to ALL of their work, they just loose that particular bit of protection.
there is a world of difference between copyright on a particular implementation, and the massivly 'general' patents currently being handed out in the US over quite obvious software techniques, the second are much more... stuipd, dangerous, ridiculous, etc, etc.... however copright is a MUCH simpler concent, so long as it's length is kept reasonable, and it's extent is limited.
of course, in the case of the copyright holder 'ceasing to exist' the case becomes much more hazy.. since ther is noone to defent the copyright, I guess all bets are off, but should their 'source code' (or exact plans/designs) be automatically made public? and who do we trust to hold these? hmmm... I personally think that would be excessive.
This is a great idea, but what about security? This information could easily be used by a terrorist in a hijacking or something similar to what happened on September 11th. Can we afford to allow this info into the public domain?
Perhaps this issue has already been dealt with, but I hope they are considering it, or there may be another September 11th as a result.
Current "serious" (i.e., whore) posts: 10
Current trolls: 14
Go speed racer, go!
it's not quite engineering blueprints, but Nasa's Mission Reports are pretty close for a single book. Detailed overview of the operation of the vehicles with lots of nice drawings detailing the nuts and bolts. So if you're curious about turbopumps or how you ignite a Saturn V rocket engine you'll like these books. They also generally include the crew debriefing where they talk about most of the interesting glitches in the mission...
And this is related to the tech sector how? I can optimize my server cluster by using plans for a Grumman fighter? There is plenty of real news out there form the tech sector, how about some of that for a change?
check out http://www.openchannelsoftware.com/ /. some time ago). As far as I remember, it started when NASA decided to give some of its code to Open Source community.
:)
(it was mentioned on
Stuff like "An Advanced Engineering Model for the Prediction of Airframe Integrated Scramjet Cycle Performance". It's a pity I do not have too much time anymore to study all the programs available there...
And, of course, we all know that Beowulf started in NASA/JPL when Don worked there...
Paul B.
... will one of the moderators PLEASE look into the story queue and make a decision on the Lessig feature I submitted on 2002-01-08 15:54:26?
I'm sure this will get an off-topic but its driving me crazy whenever I log in to see that
'pending (1)' still there.
I'm afraid it'll be hopelessly illegal unless they amend the copyright law.
This is a damn good idea. Lots of planes are flying long after their original designer and manufacturer are defunct, and anything that helps that is a good thing. People may even take this occasion to bring well loved classic aircraft back into production.
However, I would like to take this occasion to point out one very worthwhile extension of copyright. J.M.Barrie, creator of "Peter Pan" bequeathed his royalties to the Great Ormond Street Children's Hospital. When the copyright was due to expire in 1989, a special case was made in UK courts that the copyright be held in perpetuity by the hospital.
Now that's a good copyright extension. It helps people.
"Information wants to be paid"
This information (the plane plans) is apparently considered under copyright as unpublished material.
But copyright was intended, I assert, to allow limited protection for material to be published and thus accessible to all readers who wish to buy the work.
Since these plans serve as a sort of public law document (they must be recorded with the FAA by the plane manufacturer and need to be accessible to them in order to check plane maintenance) then the question arises: Why copyright the plans in the first place? What public interest is being served by locking them up?
Yes, recent U.S. law allows airplane plans just as boat hulls to be protected as "intellectual property." But at least they could be published and thus available for a fee, instead of being locked up as trade secrets. Citizens ought to have a right to know (which is why the involvement of the Freedom of Information Office is interesting here).
tramm is right in proposing that this abandonware project is similar to what has been discussed about the Creative Commons. But as one of the directors of the Commons, may I suggest we hold off much public discussion until the Commons is ready--maybe within a few weeks...
With the blueprints to software, you just run them through a compiler and a few minutes later, presto, you have the completed program. Want to manufacture another identical program? A few clicks, a few keypresses, and it's done. Not only that, but no bureaucrat is going to look over your shoulder or ask you to justify yourself as to why your assembled it that way instead of this way. Generally no one is going to tell you what you can or can't do with your precious program. No licenses, no training. Almost complete and total freedom.
Now let's move from the make-believe world of software and Slashdot to the real world of airplane building. You have the blueprints? Great. How about the BOM? You do know what a BOM is, don't you? Go make a BOM, once you've figured it out. Go assemble everything together by yourself, or pay someone to do it for you. Keep in mind that it will require ~1000+ hours for assembly. Keep in mind that a 40hr workweek is about 2000hrs a year. Some assembly operations may require special jigs, or tools. Go buy or build those.
Now you have a plane. Guess what? You can't do squat with it, until some bureaucrats say you can. They're not too evil, but they will require you prove the plane is safe, and they will restrict what you can do with it and where you can go.
It's not the same. Slashdot, stick to the kiddie stuff and leave the real world to the big boys.
http://www.spectator.org/AmericanSpectatorArticles /Lessig/Control.htm
I was in the music biz earlier in my life and a copyright lasted for 25 years. Then could be renewed for another 25 years. After that it became pubic domain. Now the 25 years twice IMO is a little long and 25 years total makes more sense, but I believe is fair. I think patients should work the same way 25 years and then public. That gives the indivisual or company who invested time and money creating the idea time to reap the rewards of there investment, then the public gets it to use freely.
10 If something breaks, then 20
20 Print "We're fucked"
Also, one link in the article led to this much-more-detailed Apollo Guidance Computer page: http://66.137.204.220/plethorama/apollogc.htm
Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
Anyone else feel as if Slashdot is a little too oriented towards lawyers now? Whenever I visit /. the majority of the "news" is about copyright, trademark, or various other legal issues. I read this article and am scratching my head trying to find the cool or nerd aspect of it.
Dijkstra Considered Dead
what does the Federal Aviation Administration have to do with copyrights?
Many of you have this all wrong.
This only really applies to homebuilders. The Experimental Aircraft Association (EAA) is out there to promote building of homebuilt aircraft. They want these documents out there in the open to promote homebuilding, not lets build such and such WWII aircraft and know how to build this jet.
Most of these aircraft, most likely are little single-engined aircraft that most people dont understand one from another. This is really only applicable to you if you want to BUILD it and you want the plans or want to do some sort of coversion and you need the FAA approved STC.
These plans and STCs are very expensive to get so people like to hold on to them and charge for their usage. SO when you cant find the person anymore, you're SOL.
Dr Disney I suppose :-)
Infuriate left and right
Then there are STCs - Supplemental Type Certificates. These are authorized post-production modifications. Getting an STC accepted by the FAA is expensive. For example, an STC might allow you to run an OX-5 in a JN-4 Jenny on "blue" 100LL fuel instead of "green" 135 (hypothetical example, I have no idea what an OX-5 likes to drink). If it's not a popular STC, it's possible that the company went defunct and no one bought the STC. If you now want to use blue gas in your Jenny, you can't use the data that's already been given to the FAA proving that it's safe (that was the basis the original STC was issued on) -- you have to start from scratch.
The important things about this: i) no owner can be found (and it provides for a 60 day search period) and ii) the data will be released under FOIA.
Unlimited growth == Cancer.
"I heard" that bin Laden was surprised at the total collapse of the towers.
Unlimited growth == Cancer.
... who doesn't know what EAA stands for? It's not mentioned anywhere on their website what their acronym means. The closest I could find by searching http://www.ucc.ie/cgi-bin/acronym is "Experimental Aircraft Association". Is that right?
Carpe Cerevisi - Seize the Beer
Doesn't anyone actually read the article? There was nothing at all mentioned about copyrights, and I don't think they are involved. This is proprietary information which, if the owner were still around would not be released. But if they can't find the current owner, then release is possible.
I'm not sure I understand you. The whole point of having a copyright period is that it ends at some point and then whatever was copyrighted goes into the public domain. The public domain belongs to the public (duh) so therefore I have full rights to anything that has an elapsed copyright. That's the way it works.
Of course, if someone 'ceases to exist' before their copyright is up, why shouldn't the same thing happen? We're not depriving the copyright holder of their rights because they don't exist anymore. If there was a sale or transfer of intellectual property then the copyright went to whoever the new owner is and this scenario doesn't apply. All this FAA/EAA move does is ensure that things pass into the public domain as they should.
What, exactly, are you proposing? Keeping things in the public domain a secret? Banning all copying of information? Leaving orphaned information out there to die? I'm not sure what you're arguing for.
This
But also the EAA has a large membership percentage that are very talented aerospace professionals by day, who are also aerospace fanatics for fun by night.
There are also a small number of planes that probably would attract a large enough following that stand a chance at being kitted if the blueprints suddenly came available... a couple of legendary WWII warbirds immediately pop into my mind: F-4U Corsair, P-38 Lightning and the P-51 Mustang.
I have no idea about the legal status of the current owners of the F-4U or P-38. Sadly I don't think the P-51 will be among those up for release since as of the late-80s Piper owned the assets of the former North American Aviation and had been revamping the P-51 design as a South American counter-insurgency ground attack plane.
And based upon the flyers I know, I can tell you that the coolness factor of flying into Oshkosh in a shiny new P-38 would attract a lot of manpower.
--Rob
Former UK Prime Minister prior to Mrs. Thatcher. He pushed this one through as a special Bill in the House of Lords. Questionable precedent for a very good cause.
They are a fine organization that helps homebuilders of various unusual aircraft.
Ya see, if you want to get a new aircraft FAA approved, it costs millions of dollars and a couple of years of expensive testing. Until Cirrus Aviation got the SR200 certified in 2000, no one had got a new light General Aviation aircraft certified in years, everyone was just building them off the old type certificates.
But, if you build it yourself. (More than 50% of the effort) you can fly any weird-assed kind of airplane, with a very minimal level of certification.
Most homebuilders use kits, though theres still a lot of work to do to complete the aircraft, and qualify under the 50% rule.
The EAA exists to help these people.
Case in point: That stupid moron kid who stole the Cessna 172 and crashed it into a bank in Florida. All he accomplished was broke out a few windows, destroyed a beautiful little airplane, caused a media circus.... and raised the overall IQ of the human race slightly when he removed himself from the gene pool.
:-(
Small airplanes pose less risk to the public than cars and motorcycles do. They can't carry much more weight that the pilot and passenegers or can do much damage to anything.. a car can inflict much greater collision damage due to its weight, and Timothy McVeigh proved to the world that a rental truck can be turned into a weapon of mass destruction. A small airplane (an aluminum one anyway) is basically made of thick "Reynolds Wrap" aluminum foil. It crumples to bits when it hits anything. Large airliners are a genuine risk because of their massive weight and the enormous amount of fuel they carry. We all know about that now
Lessig's figures for who long copyrights last is based on current law, after the changes that Disney pushed for in the late 90's.
For those who aren't into antique aircraft, think of the construction of the Kites your flew as a kid.
Many of these old aircraft are made of 1/4 to 1/2 inch wood sticks creating a framework for a fabric covering, which is sewn on and shrunk in place to make it tight and stiff. Add a motorcycle sized engine and you have the right idea.
In fact, many recent small aircraft designs are little more. Substitute small steel rods in the fusilage -- wood is still used in the wings -- and better engines. Another common modern construction tecnique involves fiberglass over foam. But of course this is much too recent to be affected by this article's subject rulings.
The point is that driving a car into whatever you wanted to destroy would probably be more effective.
McFly777
- - -
"What do people mean when they say the computer went down on them?" -Marilyn Pittman
This is not about copyright and freedom of information. This is about the ability to create a part that can be legally used on a certified airplane. The FAA requires that airplane parts be documented, and that they be built according to approved plans. For Experimental planes, the person building the plane is the person approved to build the parts. You become certified to fix anything on that one plane, since you built it. But you can't build a part for an identical kit that your friend built in the next hangar.
For regular planes, certified as a manufactured aircraft, the manufacturer is the only one allowed to build replacement parts. They have the Type Certificate allowing this. Someone else wanting to build replacement parts can, but only after going through a lot of money and time to prove that their part is identical to the manufactured part. This gets you a Supplemental Type Certificate. The key is that if you have the paper saying you can build the plane (or part), then you don't have to go through all that hassle. You just build the part according to the specs. The FAA does spot checks on your quality control, and all is well.
In short, even though Boeing knows how to build modern jets, they can't build parts for McDonnell Douglas planes without buying the Type Certificate for those planes, or spending a bunch to prove to the FAA that their part is just as safe, and performs the same, with 200 paying customer lives on the line.
The trouble is that for some small planes, the original company went bankrupt and the file cabinet with the type certificates got thrown out in 1947. So if the FAA will allow, say, Cessna to ask about building hinges for that old Meyers biplane, then this rule would allow them to get a copy of the type certificate. Then Cessna can afford to bother building them.
The FAA agrees to keep the plans submtted as a trade secret, so that Lockheed won't have to worry about Boeing creating SR-71's. They are actually doing the right thing by guarding those secrets, but it is nice to see that they might create a method to open up old lost plans and certificates to let collectors have planes that can still be fully used.
C'mon now, this is Slashdot. We know that things don't work right the first time. We always have to refine our procedures. /Gimp "documentation" on their website to prove it. Shortly thereafter they will have pictures of Natalie Portman sunbathing on olympus Mons as additional proof.
Of course, if we are talking about hardware that costs more than a Cue-Cat then an elite hacker will make it work right the first time - and post Photoshop
There are a few things I'd like to point out. I hold this particular subject near and dear, as both an aviation enthusiast (for example, http://xb70.interceptor.com/), a computer geek, and a commercially rated pilot who has owned several aircraft.
IANAL, but:
1) it concerns me that all the EAA article mentions is the availablilty of the documents. There's no protection should a copyright holder appear post-fact to sue you for building his STC'd widget without license.
2) A difference between most abandonware and this is that certainly the intent here is to only deal with entities that no longer exist. That's entirely different from entities that don't care. most "abandonware" it seems, is indeed owned by someone and is copyrighted; it's just that they don't care to support, sell, or do anything but sit on it. This example won't change that a bit.
3) The reason that type certificates (TC) and Supplemental Type Certificates (STC) are zealously protected is because a lot of expense goes into them. Due to the nature of aircraft, even fairly small changes (such as replacing an engine with an almost identical model that 'bolts in' without physical changes) have to be documented and tested extensively. The only way for people to recoup those costs is to charge users of the STC a fee for a 'license.'
4) as others have pointed out, virtually everything the EAA is talking about is very old and has been abandoned for decades.
Steve