From: quasi
Subject: is it ok if I quote?
Date: 
Message-ID: <srplou4rad08etgb2lm3vks3h1ncoeqoh0@4ax.com>
Friends/Gurus,
	I have assembled some wisdom from c.l.l and put it up on my
website.  It is about compiled lisp, the question I asked some time
back.
	I have quoted from c.l.l and I hope the people do not mind.
The page is at
http://abhijit-rao.tripod.com/digital/compiled-lisp.html
any comments/improvements/corrections/additions are extremely welcome.

thank you,
quasi
--
"look mama - no semicolons !"

From: Joe Marshall
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <k7lgu7dg.fsf@ccs.neu.edu>
A deep question:  can Quasi quote?
From: Marco Antoniotti
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <y6cfzw4fsxd.fsf@octagon.mrl.nyu.edu>
Joe Marshall <···@ccs.neu.edu> writes:

> A deep question:  can Quasi quote?

Only if he does not nests the quotes.  Reading an intermediate quasi
quote is implementation dependent according to CLtLII and may result
in a post by `ilias' being inserted. :)

Cheers

-- 
Marco Antoniotti ========================================================
NYU Courant Bioinformatics Group        tel. +1 - 212 - 998 3488
715 Broadway 10th Floor                 fax  +1 - 212 - 995 4122
New York, NY 10003, USA                 http://bioinformatics.cat.nyu.edu
                    "Hello New York! We'll do what we can!"
                           Bill Murray in `Ghostbusters'.
From: Thien-Thi Nguyen
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <kk9elbohbmn.fsf@glug.org>
Joe Marshall <···@ccs.neu.edu> writes:

> A deep question:  can Quasi quote?

(: nestedly apparently.  but is it innermost or outermost? :)

one thing about "hope" is that it is belonging to each person (or sentient
being, why not).  expressing hope takes courage because it may be the case
that not everyone shares that viewpoint.  the thick skinned have it easy
because they can express hope and not feel diminished by indifference or even
malice.  but that takes practice.

when i express hope i play a game w/ myself: in my mind i express the exact
opposite (by using the "not" operator strategically) to see how that sounds.
i also try inexact opposites by moving the "not" around.  i imagine the world
to hold these alternate views and let the waves of depression sweep over me.
after some time, i do other things.

collecting knowledge is cool, applying wisdom is better, posting code is best.

thi
From: Erik Naggum
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <3241503503735738@naggum.no>
* quasi
| I have quoted from c.l.l and I hope the people do not mind.

  What part of the Internet failed when you tried to contact them and ask for
  permission?  Your "hope" indicates that you know you should have asked.

-- 
Erik Naggum, Oslo, Norway

Act from reason, and failure makes you rethink and study harder.
Act from faith, and failure makes you blame someone and push harder.
From: Russell Wallace
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <3d8b196a.244205265@news.eircom.net>
On 20 Sep 2002 09:38:23 +0000, Erik Naggum <····@naggum.no> wrote:

>* quasi
>| I have quoted from c.l.l and I hope the people do not mind.
>
>  What part of the Internet failed when you tried to contact them and ask for
>  permission?  Your "hope" indicates that you know you should have asked.

Well, he is asking for permission, via the forum the quotes were
originally posted on :) I'm sure if one of the authors in question
says "No, I deny you permission" he'll delete that author's words from
the site.

-- 
"Mercy to the guilty is treachery to the innocent."
Remove killer rodent from address to reply.
http://www.esatclear.ie/~rwallace
From: Duane Rettig
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <44rck1vw9.fsf@beta.franz.com>
··@vorpalbunnyeircom.net (Russell Wallace) writes:

> On 20 Sep 2002 09:38:23 +0000, Erik Naggum <····@naggum.no> wrote:
> 
> >* quasi
> >| I have quoted from c.l.l and I hope the people do not mind.
> >
> >  What part of the Internet failed when you tried to contact them and ask for
> >  permission?  Your "hope" indicates that you know you should have asked.
> 
> Well, he is asking for permission, via the forum the quotes were
> originally posted on :) I'm sure if one of the authors in question
> says "No, I deny you permission" he'll delete that author's words from
> the site.

Proper attribution was given to each author, so I have no problem with
it.  Whatever I say on this newsgroup is opensource, so to speak.  As
long as the text is reproduced in context and with attribution, it is
the public's to do with as they wish.

-- 
Duane Rettig    ·····@franz.com    Franz Inc.  http://www.franz.com/
555 12th St., Suite 1450               http://www.555citycenter.com/
Oakland, Ca. 94607        Phone: (510) 452-2000; Fax: (510) 452-0182   
From: Erik Naggum
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <3241537352963746@naggum.no>
* Duane Rettig
| Proper attribution was given to each author, so I have no problem with it.
| Whatever I say on this newsgroup is opensource, so to speak.  As long as the
| text is reproduced in context and with attribution, it is the public's to do
| with as they wish.

  This is your personal view about your personal contributions, to which you
  are fully entitled, but the last sentence is not in any way legally binding
  for anyone else.  People should not assume that re-use of material made
  freely available in one forum or medium is permitted in another, either.
  
-- 
Erik Naggum, Oslo, Norway

Act from reason, and failure makes you rethink and study harder.
Act from faith, and failure makes you blame someone and push harder.
From: Duane Rettig
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <4znucz9oz.fsf@beta.franz.com>
Erik Naggum <····@naggum.no> writes:

> * Duane Rettig
> | Proper attribution was given to each author, so I have no problem with it.
> | Whatever I say on this newsgroup is opensource, so to speak.  As long as the
> | text is reproduced in context and with attribution, it is the public's to do
> | with as they wish.
> 
>   This is your personal view about your personal contributions, to which you
>   are fully entitled, but the last sentence is not in any way legally binding
>   for anyone else.  People should not assume that re-use of material made
>   freely available in one forum or medium is permitted in another, either.

Yes, of course, you are correct, and I should be careful not to give
carte blanche with my words.  It's always hard, at a local and focussed
level, to imagine how anyone can use my words against me (undeservedly),
but hey, this is the internet; anything is possible :-)

I hereby refocus my permission (which should always have only been
taken as mine, and not speaking for anyone else) to solely pertain to
the article in question.

-- 
Duane Rettig    ·····@franz.com    Franz Inc.  http://www.franz.com/
555 12th St., Suite 1450               http://www.555citycenter.com/
Oakland, Ca. 94607        Phone: (510) 452-2000; Fax: (510) 452-0182   
From: Pascal Costanza
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <amhsdo$4ug$1@newsreader2.netcologne.de>
Erik Naggum wrote:
> * Duane Rettig
> | Proper attribution was given to each author, so I have no problem with it.
> | Whatever I say on this newsgroup is opensource, so to speak.  As long as the
> | text is reproduced in context and with attribution, it is the public's to do
> | with as they wish.
> 
>   This is your personal view about your personal contributions, to which you
>   are fully entitled, but the last sentence is not in any way legally binding
>   for anyone else.  People should not assume that re-use of material made
>   freely available in one forum or medium is permitted in another, either.

Sorry, but that's not correct. There's the concept of fair use that 
allows you to cite anything you want unless it becomes indistinguishable 
from the original "work" and/or you claim authorship. As far as I know, 
this is legal at least in the US and in most, if not all European 
countries. I don't know about the rest of the world.

You don't need to ask for permission to cite a text. If you want people 
to refrain from citing your work you have to explicitly state this, for 
example in a copyright statement. But even if you do that there's a 
limited amount of fair use that is still allowed.


Pascal
From: Joe Schaefer
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <m3vg4z300y.fsf@mumonkan.sunstarsys.com>
Pascal Costanza <········@web.de> writes:

> Erik Naggum wrote:

[...]

> >   People should not assume that re-use of material made freely
> >   available in one forum or medium is permitted in another, either.
> 
> Sorry, but that's not correct. There's the concept of fair use that 
> allows you to cite anything you want unless it becomes indistinguishable 
> from the original "work" and/or you claim authorship. 


You seem to be mixing plagiarism with copyright here.  There are a few 
copyright FAQs floating around that discuss the implications of the
Berne convention for copyrights, and AFAICT they confirm Erik's point.  
Take a look at

  http://www.templetons.com/brad/copymyths.html
  http://fairuse.stanford.edu/

Unfortunately the Stanford site contains many stale links.

-- 
Joe Schaefer
From: Pascal Costanza
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <ami007$c1c$1@newsreader2.netcologne.de>
Joe Schaefer wrote:
> Pascal Costanza <········@web.de> writes:
> 
> 
>>Erik Naggum wrote:
> 
> 
> [...]
> 
> 
>>>  People should not assume that re-use of material made freely
>>>  available in one forum or medium is permitted in another, either.
>>
>>Sorry, but that's not correct. There's the concept of fair use that 
>>allows you to cite anything you want unless it becomes indistinguishable 
>>from the original "work" and/or you claim authorship. 
> 
> You seem to be mixing plagiarism with copyright here.  There are a few 
> copyright FAQs floating around that discuss the implications of the
> Berne convention for copyrights, and AFAICT they confirm Erik's point.  

I don't think so...

Pascal
From: Erik Naggum
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <3241610025696621@naggum.no>
* Pascal Costanza <········@web.de>
|There's the concept of fair use 

  I have already covered the Fair Use Doctrine.  Do I have to repeat
  everything I say with every post?

| You don't need to ask for permission to cite a text.

  If you truly believe this, you have copyright infringement lawsuits coming
  your way.  Let me know how you feel about it after your first meeting with
  the lawyers for the intellectual property owner.

| If you want people to refrain from citing your work you have to explicitly
| state this, for example in a copyright statement.  But even if you do that
| there's a limited amount of fair use that is still allowed.

  The Fair Use Doctrine applies /because/ every published text is already
  protected by copyright.  There are lots of things copyright do not protect,
  but you have to understand these issues before you burn yourself.

  In particular, quoting people's articles on Usenet is a very good example of
  the Fair Use Doctrine at work -- but moving some material to a different
  medium that the one in which it was previously published is restricted.
  That is the gist of my argument.  Get a book on copyright law and study it.
  I suggest �The Illustrated Story of Copyright� by Edward Samuels as a good
  starting point.  Making mistakes in this area is extremely painful.  Err on
  the side of caution, but know what your rights, meaning specifically, what
  no one can legally stop you from doing.

-- 
Erik Naggum, Oslo, Norway

Act from reason, and failure makes you rethink and study harder.
Act from faith, and failure makes you blame someone and push harder.
From: Pascal Costanza
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <ami3kr$jic$1@newsreader2.netcologne.de>
Erik Naggum wrote:
> * Pascal Costanza <········@web.de>
> |There's the concept of fair use 
> 
>   I have already covered the Fair Use Doctrine.  Do I have to repeat
>   everything I say with every post?

No, of course not. Probably I have missed your coverage of fair use, or 
haven't been around here when you posted it.

Probably I was too quick in posting my message - sorry for that.

> | You don't need to ask for permission to cite a text.
> 
>   If you truly believe this, you have copyright infringement lawsuits coming
>   your way.  Let me know how you feel about it after your first meeting with
>   the lawyers for the intellectual property owner.

Hm, perhaps I am just lucky as a researcher, because we generally seem 
to have more rights in this regard than others. From what I have seen 
from quasi's page I think that this would be ok in a research/university 
context.

But probably you are right - it's better to be safe than sorry.

Pascal
From: ozan s yigit
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <vi465wzi204.fsf@blue.cs.yorku.ca>
Pascal Costanza [on fair use etc]:

> ... it's better to be safe than sorry.

pascal, there are four criteria (ad hoc) used to judge fair use.
in simplified form:

	* purpose of use, eg. whether the use is for commercial
	  or nonprofit educational purposes
	* nature of the copyrighted work
	* the amount used in relation to the copyrighted work
	* the effect of the use on the value of the work

even when one is sure of fair use, asking for permission seems to be
a custom in the publishing industry. when in doubt, it is best to get
either permission or real legal advice for the specific use, however
informative web and usenet may be on general points.

btw, as an excellent general reference, i would highly recommend
William Strong's "The Copyright Book: A Practical Guide" (5th ed)
MIT Press, July 1999. isbn 0262194198.

oz
-- 
a nought, an ought, a knot, a not easily perceived distinction. -- t. duff
From: Erik Naggum
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <3241641347847103@naggum.no>
* ozan s yigit
| even when one is sure of fair use, asking for permission seems to be a custom
| in the publishing industry. when in doubt, it is best to get either
| permission or real legal advice for the specific use, however informative web
| and usenet may be on general points.

  The reason we have the Fair Use Doctrine in the first place that some people
  do not want to see critical commentary on their works.  Since society has a
  real strong benefit from rooting out dis- and misinformation, the only way to
  ensure that falsehoods are exposed is to let others comment on them.  If you
  could be sued for quoting something from somebody and calling it crap, this
  would only benefit the bad guys, not society.  Therefore, you need the Fair
  Use Doctrine when you are about to slaughter somebody's work.  When you want
  to appraise them, you /will/ get permission from reasonable people, and those
  unreasonable ones who reject are the ones to lose by not getting appraisal,
  but even so, it is their call.

-- 
Erik Naggum, Oslo, Norway

Act from reason, and failure makes you rethink and study harder.
Act from faith, and failure makes you blame someone and push harder.
From: Erik Naggum
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <3241618880847005@naggum.no>
* Pascal Costanza <········@web.de>
| No, of course not. Probably I have missed your coverage of fair use, or
| haven't been around here when you posted it.

  <················@naggum.no> is in this very thread.  Free clues available.

| But probably you are right - it's better to be safe than sorry.

  The /point/ is that it is better to respect people than to take them for
  granted.  Recognizing the value that lies in somebody else's work (which is
  why you want quote from it) /should/ cause you to recognize the value of
  treating them with respect, too.  If you value their work, but not them, you
  show a kind of disrespect that effectively reduces people's desire to publish
  their works.  The purpose of copyright /and/ of the Fair Use Doctrine, is to
  encourage people to publish their works, so as to benefit all people.  Most
  of the squabbles over copyright law is over striking a balance between the
  payment of works (such as the First Sale Doctrine) and its availability to
  those who seek its value (such as libraries, researchers, journalists).  It
  may take an unusual amount of empathy from some people to realize that just
  because other people have published something you want to use in your own
  production, does not mean they lose their rights, but many people seem to
  acquire this empathy only when they need to seek redress against those who
  have taken /their/ works.  Less short-sighted egoism would therefore be nice.

-- 
Erik Naggum, Oslo, Norway

Act from reason, and failure makes you rethink and study harder.
Act from faith, and failure makes you blame someone and push harder.
From: Stefan Schmiedl
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <amiuuq$66apu$1@ID-57631.news.dfncis.de>
On 21 Sep 2002 15:13:45 +0000,
Erik Naggum <····@naggum.no> wrote:
> 
>   In particular, quoting people's articles on Usenet is a very good example of
>   the Fair Use Doctrine at work -- but moving some material to a different
>   medium that the one in which it was previously published is restricted.

Are usenet and web pages different media?

Especially when you can find the message on a web page,
even if it is generated on request?

If they are, would this imply that Google is infringing
on the Fair Use Doctrine?

I see a distinction between private email messages
and public means of communication, but web-mirrored
usenet and web pages?

Wondering,
s.
From: Erik Naggum
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <3241644164601600@naggum.no>
* Stefan Schmiedl <·@xss.de>
| Are usenet and web pages different media?

  Yes.

| Especially when you can find the message on a web page, even if it is
| generated on request?

  Yes.

| If they are, would this imply that Google is infringing on the Fair Use
| Doctrine?

  Google would lose a class action suit against them for infringing on the
  rights of the authors of messages it has stored and made available, if such
  a class action suit was ever filed.  That it is not, is mostly due to the
  fact that people have not registered their copyrighted material and
  therefore would not get any "statutory damages" or attorney's fees covered
  even if the infringement suit was ruled in their favor.  Since there is no
  demonstrable commercial benefit from this material in its original form, and
  hence no demonstrable loss in the Google form, which makes money off it in a
  sort of round-about way, the damages would have to be assessed on moral
  grounds instead of financial grounds.  The likelihood that no more money
  would be awarded than the cost of going to trial is overwhelming, so no
  intellectual property lawyer would want to take the case, either.  Google is
  therefore a case of getting away with it rather than a clear-cut case of
  doing something legal.  However, Google does not edit the articles and does
  not engage in any other intellectual work on the contents, so if Google is
  off the hook for practical or theoretical reasons that still has no bearing
  on whether those who do make additional intellectual value out of published
  material, such as by selective compilation, would be similarly off the hook.

  If somebody stored the messages in extenso and linked to them from another
  page, that would be far less infringing than using only pieces of them.
  This actually has rather serious ramifications for the ability to make the
  browser extract portions of an abstractly referenced object, which is all
  the rage in the stuff underlying the Semantic Web and related efforts.  If
  you can reference-by-inclusion segments of another web object, you can
  effectively make up an entirely new setting for the referenced object, over
  which the original author has no control.  Insofar as a complete object is
  referenced-by-separate-instance, it is fairly obvious that the original
  author remains in control.  This, for instance, has already been played out
  in court when it comes to pointing browsers at newspaper articles in a way
  that replaced them with no or different advertising.  Although such a
  service is certainly welcome at the personal level, if you tried to make a
  buck from removing advertising from websites, you would be in deep shit, to
  use a very technical legal term.

  If, for instance, the search engines were to charge their users money for
  the service of locating web pages, it is not clear-cut which way payment
  should go between search engine and author of web pages.  One could imagine
  paying for the referral service to begin with and then getting paid for each
  referral.  If, for instance, a search engine that employed classification
  would require payment for the classification service, it could well charge
  the users for using such a classified Web as well, and then the publishers
  of the classification scheme want to be paid.  The overarching principle is
  that creativity wants to be rewarded, and the infrastructure necessary to
  reward creativity without punishing use of it takes a lot of work and time
  to be ironed out.  With ever declining profitability of web sites and much
  less money to be made by Internet advertising, we will see people try harder
  and harder to make money before they try something more profitable.  This
  will be a period of much irrationality (and the increasing amount of spam is
  a clear sign of irrational behavior with diminishing returns) before we find
  ourself on the other side of decisions that have been made by the really big
  players lobbying Congress and WIPO with little or no "user" influence.

-- 
Erik Naggum, Oslo, Norway

Act from reason, and failure makes you rethink and study harder.
Act from faith, and failure makes you blame someone and push harder.
From: Stefan Schmiedl
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <aml7nl$6m6qa$1@ID-57631.news.dfncis.de>
Thanks for your reply, Erik.

On 22 Sep 2002 00:42:44 +0000,
Erik Naggum <····@naggum.no> wrote:
> 
>   However, Google does not edit the articles and does
>   not engage in any other intellectual work on the contents, so if Google is
>   off the hook for practical or theoretical reasons that still has no bearing
>   on whether those who do make additional intellectual value out of published
>   material, such as by selective compilation, would be similarly off the hook.

This line of reasoning makes more sense to me than the "different media"
aspect.

> 
>   If somebody stored the messages in extenso and linked to them from another
>   page, that would be far less infringing than using only pieces of them.
>   This actually has rather serious ramifications for the ability to make the
>   browser extract portions of an abstractly referenced object, which is all
>   the rage in the stuff underlying the Semantic Web and related efforts.  If
>   you can reference-by-inclusion segments of another web object, you can
>   effectively make up an entirely new setting for the referenced object, over
>   which the original author has no control.  Insofar as a complete object is
>   referenced-by-separate-instance, it is fairly obvious that the original
>   author remains in control.

This makes me think of MSIE's "smart tags" or whatever it was called,
where the *browser* would automatically insert hyperlinks on certain words.
What has happened to this technology?

> 
>   If, for instance, the search engines were to charge their users money for
>   the service of locating web pages, it is not clear-cut which way payment
>   should go between search engine and author of web pages.  One could imagine
>   paying for the referral service to begin with and then getting paid for each
>   referral.  If, for instance, a search engine that employed classification
>   would require payment for the classification service, it could well charge
>   the users for using such a classified Web as well, and then the publishers
>   of the classification scheme want to be paid.  The overarching principle is
>   that creativity wants to be rewarded, and the infrastructure necessary to
>   reward creativity without punishing use of it takes a lot of work and time
>   to be ironed out.

So the current situation is a kind of non-optimized "win-win" situation,
because it "works" for all parts, but does not produce directly measurable
income.

Let's assume that Google would charge end users for the classification,
and be charged for the right to provide the information by the authors.
Do you think that it would still work, or would it lead to the end of
the service?

s.
From: Erik Naggum
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <3241722002773583@naggum.no>
* Stefan Schmiedl
| So the current situation is a kind of non-optimized "win-win" situation,

  Well, that would perhaps be your conclusion, but it does not follow from
  anything I wrote.

| Let's assume that Google would charge end users for the classification, and
| be charged for the right to provide the information by the authors.  Do you
| think that it would still work, or would it lead to the end of the service?

  The Internet will not become a money machine until the banking industry
  figures out how to transfer money for free so you can charge USD 0.005 (half
  a cent) for some simple service like, say, reading a newspaper article you
  have searched for.  With today's payment system, the cost of the transfer of
  the funds completely dwarf the cost of the service paid for.  Various ways to
  deal with "electronic cash" have failed (I attended the opening of the First
  Virtual Internet Bank, but it folded after losing money mainly due to a
  severe shortage of cooperation from the banking industry), and I think the
  biggest hurdle is that the banking industry has a negative incentive in
  letting transactions be cheap or free -- they are lending the money that
  people have effectively lent them out again to other people and only make
  money if they can have stable capitalization.  If transfers were free, people
  would move money around all day to get better interest rates from wherever,
  and then the interest rates would drop and probably make borrowing much more
  expensive.  This situation, however, is what acutely prevents the Internet
  from taking off as a network for paid services.  (The other options are to
  let micropayments accumulate at each site and only to charge or credit credit
  cards when the amount surpassed certain thresholds on the one hand, which
  exposes the receiver of the funds to high risk, and prepayment of some small
  amount that is effectively always unavailable to the payer on the other hand,
  which exposes the payer of the money to high risk.)

-- 
Erik Naggum, Oslo, Norway

Act from reason, and failure makes you rethink and study harder.
Act from faith, and failure makes you blame someone and push harder.
From: John Klein
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <b70a59c6.0209230030.594c8986@posting.google.com>
Erik Naggum <····@naggum.no> wrote in message news:<················@naggum.no>...
> 
>  The Fair Use Doctrine applies /because/ every published text is already
>  protected by copyright.  There are lots of things copyright do not protect,
>  but you have to understand these issues before you burn yourself.
> 
>  In particular, quoting people's articles on Usenet is a very good example of
>  the Fair Use Doctrine at work -- but moving some material to a different
>  medium that the one in which it was previously published is restricted.
>  That is the gist of my argument.  Get a book on copyright law and study it.
>  I suggest �The Illustrated Story of Copyright� by Edward Samuels as a good
>  starting point.  Making mistakes in this area is extremely painful.  Err on
>  the side of caution, but know what your rights, meaning specifically, what
>  no one can legally stop you from doing.

I respectfully disagree with this, at least with regards to US
fair use doctrine.  Perhaps my reasoning does not apply outside the US.

US fair use law (http://liimirror.warwick.ac.uk/uscode/17/107.html)
lays down 4 conditions for fair use - direct quote follows.

(1) the purpose and character of the use, including whether such use
    is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work; 

(3) the amount and substantiality of the portion used in relation to
    the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of
    the copyrighted work.


I maintain that quasi quoted the posts for non-commercial purposes
(satisifies 1), the work quoted was a non-profit widely distributed
usenet post (satisfies 2, as much as 2 can be pinned down), the quotes
were mostly partial quotes of usenet articles (satisfies 3, though I
don't know whether quasi's page has changed), and the quotes did not
affect the market value of the copyrighted usenet posts (satisfies 4),
as the authors had no reasonable expectation of remuneration.

Thus I would argue that quasi was very much on the safe side
of US fair use law.

No condition above supports the claim that "moving some material to a different
medium that the one in which it was previously published is
restricted." - the fair use conditions make no mention of a medium.
From: Erik Naggum
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <3241760906190152@naggum.no>
* John Klein
| (4) the effect of the use upon the potential market for or value of
|     the copyrighted work.
:
| No condition above supports the claim that "moving some material to a
| different medium that the one in which it was previously published is
| restricted." - the fair use conditions make no mention of a medium.

  Several court decisions have affirmed that new media present different
  potential markets and that the author shall have first right to introduce
  the material to a new medium.  I find this nearly self-evident.

-- 
Erik Naggum, Oslo, Norway

Act from reason, and failure makes you rethink and study harder.
Act from faith, and failure makes you blame someone and push harder.
From: John Klein
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <b70a59c6.0209230816.33648524@posting.google.com>
In <················@naggum.no>  Erik Naggum <····@naggum.no> write:

> Several court decisions have affirmed that new media present different
> potential markets and that the author shall have first right to introduce
> the material to a new medium.  I find this nearly self-evident.

To me, it isn't quite self-evident, as far as fair use is concerned.

I have a passing familiarity with one case, `New York Times v Tasini',
in which the US Supreme Court held that freelance authors own rights
to their articles in electronic media archives, and that the original
purchasers of the right to distribute on paper do not have an
automatic right to redistribute electronically [1].

However, this appears to have more to do with the interpretation of
pre-existing commercial distribution contracts than with the question
of fair use quotation.

The use of the word `market' is crucial, I think, as is made clear in
Section 4 of the fair use law. In Tasini v New York Times, complete
articles were being sold electronically, there was an established
market, and authors were being deprived of profits.  

One important fair use consideration, under test 4, is whether
there is a market for usenet articles in the new medium, and whether
quasi's publication of usenet excerpts damages this market.  As far as
I can see, this is the only medium-dependent aspect of the four fair
use tests.  

Do you know of a case in which a Tasini-like cross-media doctrine was
upheld pertaining to fair use, rather than pertaining to the
commercial redistribution of complete works or substantial parts
thereof?

A fair use case in which a 'market' was relevant was `The Los Angeles
Times v Free Republic', in which a site that reposted entire newspaper
articles was found in breach of copyright, because it adversely
affected the newspapers' ability to sell archived copies, and because
the articles were quoted at greater length than necessary for
editorial commentary.  The court decided that fair use test 1
(commercial use - FR had not yet received nonprofit status, and had
ads and solicited donations - and the quotes were not 'transformative'
and were not used to create a new work), test 3 (posting entire
articles), and test 4 (loss of market, connected to the
non-transformative nature of 1) argued against the defendants, tipping
the balance 3 to 1 in favour of the papers.  Interestingly, the
factual (rather than creative) nature of the articles worked in favour
of the defendants when test 2 was applied.

Several features were present in LAT v FR that are not present in the
case of reposting of usenet articles.   LAT v FR was a battle between two
commercial entities, entire articles were posted, and there was a
resulting loss of sales.

----

[1] further note on Tasini -- it was decided on what appear to be very
narrow legal grounds.  SCOTUS' decision was based on a copyright act
provision (S 201(c)) dealing with the publication of collective works
- the purchaser of a work for inclusion into a collective work
purchases only the right to publish in that collective work, unless
otherwise specified in the contract.  An electronic database or
archive was held to reproduce the articles separately, and not as part
of the original collective.
From: ilias
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <ammn1c$bke$1@usenet.otenet.gr>
John Klein wrote:
> Erik Naggum <····@naggum.no> wrote in message news:<················@naggum.no>...
> 
>> The Fair Use Doctrine applies /because/ every published text is already
>> protected by copyright.  There are lots of things copyright do not protect,
>> but you have to understand these issues before you burn yourself.
>>
>> In particular, quoting people's articles on Usenet is a very good example of
>> the Fair Use Doctrine at work -- but moving some material to a different
>> medium that the one in which it was previously published is restricted.
>> That is the gist of my argument.  Get a book on copyright law and study it.
>> I suggest �The Illustrated Story of Copyright� by Edward Samuels as a good
>> starting point.  Making mistakes in this area is extremely painful.  Err on
>> the side of caution, but know what your rights, meaning specifically, what
>> no one can legally stop you from doing.
> 
> I respectfully disagree with this, at least with regards to US
> fair use doctrine.  Perhaps my reasoning does not apply outside the US.
> 
> US fair use law (http://liimirror.warwick.ac.uk/uscode/17/107.html)
> lays down 4 conditions for fair use - direct quote follows.
> 
> (1) the purpose and character of the use, including whether such use
>     is of a commercial nature or is for nonprofit educational purposes;
> 
> (2) the nature of the copyrighted work; 
> 
> (3) the amount and substantiality of the portion used in relation to
>     the copyrighted work as a whole; and

here: copying the *whole* work *is* the fair use.

(if we discuss a book: of course copying *all* the book is normally an 
unfair use)

> 
> (4) the effect of the use upon the potential market for or value of
>     the copyrighted work.
> 
> 
> I maintain that quasi quoted the posts for non-commercial purposes
> (satisifies 1), the work quoted was a non-profit widely distributed
> usenet post (satisfies 2, as much as 2 can be pinned down), the quotes
> were mostly partial quotes of usenet articles (satisfies 3, though I
> don't know whether quasi's page has changed), and the quotes did not
> affect the market value of the copyrighted usenet posts (satisfies 4),
> as the authors had no reasonable expectation of remuneration.
> 
> Thus I would argue that quasi was very much on the safe side
> of US fair use law.

based on the information you quoted:

i think: *very* *very* much.

he *used* the work (the usenet articles) *fair* for educational purposes.

> No condition above supports the claim that "moving some material to a different
> medium that the one in which it was previously published is
> restricted." - the fair use conditions make no mention of a medium.

i think this is irrelevant for this case.
From: Christopher C. Stacy
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <ufzw4l7v9.fsf@dtpq.com>
To me, what is generally most important about this sort of thing
is the accurate preservation of context.
From: Hannah Schroeter
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <aml4jq$o57$1@c3po.schlund.de>
Hello!

Russell Wallace <··@vorpalbunnyeircom.net> wrote:
>[...]

>Well, he is asking for permission, via the forum the quotes were
>originally posted on :) I'm sure if one of the authors in question
>says "No, I deny you permission" he'll delete that author's words from
>the site.

That thinking is just utterly wrong. Forcing someone to act just to
maintain her/his rights isn't right.

You don't have permission to use copyrighted work (except in the
narrow confines of fair use) until explicitly given.

NOT: You have permission until someone contradicts.

Kind regards,

Hannah.

PS: Just for the sake of this discussion: I hereby assert copyright
on all of my articles unless proven otherwise. And, while there's
implicit permission for news server owners to redistribute them
inside the Usenet news system, there's NO implicit permission to
re-publish my articles in other ways. I probably won't deny permission
to republish, if I'm properly asked, but until then, see above.
From: quasi
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <hd4mouovg3guohgnljuhsas9lhrrf95a7n@4ax.com>
On 20 Sep 2002 09:38:23 +0000, Erik Naggum <····@naggum.no> wrote:
>* quasi
>| I have quoted from c.l.l and I hope the people do not mind.
>
>  What part of the Internet failed when you tried to contact them and ask for
>  permission?  Your "hope" indicates that you know you should have asked.

My "hope" indicates that as what they have said already can be found
at http://groups.google.com/groups?hl=en&lr=&group=comp.lang.lisp and
for that reason they would not mind if I put it on my page too.
Please note the "quote" part too.  Only today I uploaded the page and
wanted the same fellers who provided me with information to see it and
tell me if they wanted nothing to do with it.  If I did not upload
they would not have any idea as to what/how I would use their words.
That is why I first uploaded and then asked for permission.

This is really poor.  First I spent the morning in putting up the page
which is BTW not for *my* personal use and then you come and bite my
head off.  The only reason I put it up was that somebody may find it
useful.  Not everyone has the luck to be born with enormous brains and
to be part of large international committees and contribute
significantly.  However small my contribution, and it is my first, it
is still a contribution.

Had you censured me for something which I have done *wrong*, I would
have been happy to correct it and say thank you - because you are an
expert and have my respect.  I don't even think you saw my page.  It
is of course irrelevant & insignificant.

Thank you Sir.
--
(be-good-p)
NIL
From: Erik Naggum
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <3241536169325478@naggum.no>
* quasi <·········@yahoo.com>
| My "hope" indicates that as what they have said already can be found at
| http://groups.google.com/groups?hl=en&lr=&group=comp.lang.lisp and for that
| reason they would not mind if I put it on my page too.  Please note the
| "quote" part too.  Only today I uploaded the page and wanted the same
| fellers who provided me with information to see it and tell me if they
| wanted nothing to do with it.  If I did not upload they would not have any
| idea as to what/how I would use their words.  That is why I first uploaded
| and then asked for permission.

  You have not actually asked for permission.  You should have /mailed/ them.
  Permission is what you get before you do something.  Forgiveness is what you
  get afterwards.  You cannot get permission after the fact.

| This is really poor.  First I spent the morning in putting up the page which
| is BTW not for *my* personal use and then you come and bite my head off.
| The only reason I put it up was that somebody may find it useful.  Not
| everyone has the luck to be born with enormous brains and to be part of
| large international committees and contribute significantly.  However small
| my contribution, and it is my first, it is still a contribution.

  All this emotional crap because you have to defend yourself when you should
  simply have realized that you should ask for permission by mail.  Sheesh.

| Had you censured me for something which I have done *wrong*, I would have
| been happy to correct it and say thank you - because you are an expert and
| have my respect.  I don't even think you saw my page.  It is of course
| irrelevant & insignificant.

  You /have/ done something wrong, you whining dimwit.  Using other people's
  contributions in a different way than they intended requires permission from
  each and every one of them, and that is permission /before/ you use it.

  Grow the hell up.  When you grow up, you realize that you cannot just take
  things you want to use them however you like.  To be able to take other
  people's contributions and use them however you like, you need to adjust
  what you like to what is permissible under the Fair Use Doctrine.  If you
  have no idea what that is, ask permission always and every time.

  I just asked permission to use a licensed system today that most people
  think is free for the taking, and I got an amazing amount of support and
  help from the developers and maintainers of that system, who also promptly
  waived the licensing fee.  When people see that their rights and property
  arae respected, they tend to welcome you and help you.  When they see that
  other people take them for granted, they tend to get disappointed and feel
  bad about having to make the choice between protecting their property or
  letting you get away with it, neither of which are positive.

  The old adage that it is easier to get forgiveness than to get permission is
  not true in the intellectual property arena.  Some believe it is easier to
  get sued than to get permission, but it is actually the other way around: If
  you ask and you show repsect for the author of something you want to use and
  properly credit, chances are everybody will be happy about it.

  Try to learn something from this instead of defending yourself.

-- 
Erik Naggum, Oslo, Norway

Act from reason, and failure makes you rethink and study harder.
Act from faith, and failure makes you blame someone and push harder.
From: quasi
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <q59oous2ndb90kgu5ribhk9bh6bhppoi4i@4ax.com>
On 20 Sep 2002 18:42:49 +0000, Erik Naggum <····@naggum.no> wrote:
>  You have not actually asked for permission.

Well I thought, faultily in hindsight is seems, that a subject line
"is it ok if I quote?" was asking for permission.

>  You should have /mailed/ them.

yes, next time I will mail whoever is concerned and get their explicit
permissions as I should have this time too.

Thank you,
quasi

--
(whining-dimwit-p)
T
From: Thomas F. Burdick
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <xcv8z1vkyhs.fsf@hurricane.OCF.Berkeley.EDU>
quasi <·········@yahoo.com> writes:

> On 20 Sep 2002 18:42:49 +0000, Erik Naggum <····@naggum.no> wrote:
> >  You have not actually asked for permission.
> 
> Well I thought, faultily in hindsight is seems, that a subject line
> "is it ok if I quote?" was asking for permission.
> 
> >  You should have /mailed/ them.
> 
> yes, next time I will mail whoever is concerned and get their explicit
> permissions as I should have this time too.

You still need to this time.  Just because you've made some noise here
doesn't mena you have their permission, even implicitly.  No one has a
responsibility to look at your site.  This is the same thinking that
gives us spam, pseudo-science, and plagarism.  Go ask for permission,
from all the authors you quoted, directly, via e-mail, and take down
any quotes you do not get explicit permission for.

-- 
           /|_     .-----------------------.                        
         ,'  .\  / | No to Imperialist war |                        
     ,--'    _,'   | Wage class war!       |                        
    /       /      `-----------------------'                        
   (   -.  |                               
   |     ) |                               
  (`-.  '--.)                              
   `. )----'                               
From: quasi
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <atkpou0gf58d70u10qsjit6oc8begqtu6k@4ax.com>
On 21 Sep 2002 11:07:27 -0700, ···@hurricane.OCF.Berkeley.EDU (Thomas
F. Burdick) wrote:

>You still need to this time.  Just because you've made some noise here
>doesn't mena you have their permission, even implicitly.  No one has a
>responsibility to look at your site.  This is the same thinking that
>gives us spam, pseudo-science, and plagarism.  Go ask for permission,
>from all the authors you quoted, directly, via e-mail, and take down
>any quotes you do not get explicit permission for.

	For God's sake it was a page for the public.  I am *not*
putting some one's code in my software or someone's research in my
thesis for all the noise *you* are making.  Above that as they may not
like being personally contacted I asked for permission via c.l.l.
Please note that I *was* asking permission.  Yes, no one has the
responsibility to look at it(my page), and if the people who
contributed to the original thread did not want to look at it nor
wanted to be quoted they could have easily said so.

	Next, you will be asking people not to speak_of/refer_to
anything anyone says even in meetings let alone online forums.

	If I wanted to plagrise, I could have very easily removed
their names and put the code snippets.  I had *no* such intention. My
father is a researcher at the University and I know the value of
intellectual contributions.  I am very happy I do not live in the
petty world you live.  You with your lawyers and your copyright
notices.  Please dont teach me about science and the spirit of
academics.  I have lived all my life amongst academicians and believe
me, they dont crib like you do.  They are not bogged down by your
bureaucratic need to get explicit permission for every piece they
quote.  If someone misquotes/plagarises *he* looses face, not the one
misquoted.  I am all wonder how you come to be in a edu.  Science in
the US must sure be loosing its Utopian spirit.  Instead of
encouraging someone's efforts at community service (however
insignificant) you have to go the opposite way.

	I very sincerely thank my lucky stars that I did not have
quote you.

	No wonder CL, in spite of being so wonderful, has such a poor
presence.  It is because of people like you.  You seem to have this
underlying insecurity that someone may take up your job or something
if you allow more people in.  The best way is to drive them away. Be
rude to them. Call them names.

	Mr. Naggum, inspire of being very harsh, had a point.  So I
accepted it and *thanked* him.  But you have no point.  You just want
to be rude.

	Anyone can be rude and call other people names.  It dosent
take much for it.  I just hope you take 10 minutes out and find your
peace.

	Thank God there are others, there is Cliki, there is the
cookbook, there is Mr Graham (thank you for On Lisp).. there seems to
be a better future.

quasi
--
(whining-dimwit-p)
T
From: Thomas F. Burdick
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <xcvn0qbdj4b.fsf@apocalypse.OCF.Berkeley.EDU>
quasi <·········@yahoo.com> writes:

> On 21 Sep 2002 11:07:27 -0700, ···@hurricane.OCF.Berkeley.EDU (Thomas
> F. Burdick) wrote:
> 
> >You still need to this time.  Just because you've made some noise here
> >doesn't mena you have their permission, even implicitly.  No one has a
> >responsibility to look at your site.  This is the same thinking that
> >gives us spam, pseudo-science, and plagarism.  Go ask for permission,
> >from all the authors you quoted, directly, via e-mail, and take down
> >any quotes you do not get explicit permission for.
> 
> 	For God's sake it was a page for the public.

For the life of me I don't understand why you think that matters.
Yes, that means that most people will probably give their permissions,
but you still need to ask!  It's not about lawers, it's about common
decency.  Posting public notice is not the same thing as asking.  This
is not an academic document, and you are using opt-out thinking.
Before you accuse me of calling you names, you'd be best to explain
exactly *how* this is anything other than the opt-out thinking that
gives us spam, pseudo-science, and plagarism.

-- 
           /|_     .-----------------------.                        
         ,'  .\  / | No to Imperialist war |                        
     ,--'    _,'   | Wage class war!       |                        
    /       /      `-----------------------'                        
   (   -.  |                               
   |     ) |                               
  (`-.  '--.)                              
   `. )----'                               
From: quasi
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <4jpqoucg2399qn4hpiddskekt2tupc3b2u@4ax.com>
On 21 Sep 2002 16:21:24 -0700, ···@apocalypse.OCF.Berkeley.EDU (Thomas
F. Burdick) wrote:

>quasi <·········@yahoo.com> writes:
>> 	For God's sake it was a page for the public.
>
>For the life of me I don't understand why you think that matters.

It does matter as it shows the intent.

>Yes, that means that most people will probably give their permissions,
>but you still need to ask!  It's not about lawers, it's about common
>decency.

I know you need to ask!!!  Havent I said that I *was* asking
permission? I also accepted (refer:reply to Erik's mail) that my
method was *wrong* and I will change it according to the norms which
were pointed out to me.  Your rather caustic reply was to *that* - the
need for which is what I fail to see.  Being on the usenet seems to
have made you think that maybe I am just an email id.  But I am not a
that, or a bot.  I can not, will not, take uncalled for and irrelevant
rudeness.  Criticism yes, rudeness no.  Sorry, that is the way I am
made.

>This is not an academic document, and you are using opt-out thinking.
>Before you accuse me of calling you names, you'd be best to explain
>exactly *how* this is anything other than the opt-out thinking that
>gives us spam, pseudo-science, and plagarism.

You do not want to *see* my explanations.  It was just a plain
oversight on my part, my method being wrong but my intentions not.
And I accepted it and thanked the one who pointed it out to me and
promised to adhere to the norm in the future (all which I have hardly
seen being done here).  Others saw it.  You don't want to.

I have not much idea about opt-out thinking, other than the obvious
meaning.  And I definitely think it has nothing to do with what I did.
There maybe other reasons why I did what I did - but the fact is I
said sorry and promised not to do it again.  That completely atones
for my earlier non-conformatory behavior which was at worst a error in
judgment.

You have no reason to come *after* that and relate me to spam and
accuse me of plagrism.  My dictionary says "plagrise : Take without
referencing from someone else's writing or speech; of intellectual
property"  And I quoted (dictionary - quote : A punctuation mark used
to attribute the enclosed text to someone else).

Your opt-out theory may be good, but please note that it may not apply
to everything.  I sincerely don't know what you are talking about when
you say "psudo-science".  In my world all intellectuals are in the
persuit of knowledge above all.  These little matters matter not to
them.  They are my idols.  I strive to be like them.  And I hope I
don't get red-tapish & materialistic.

The Utopian Public Domain License is what I believe in.

Let me see, if you have a heart big enough to accept *your*
oversight/agressivness regarding this whole matter.

quasi

--
(quit)
NO-WAY
T
From: Thomas F. Burdick
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <xcvk7lerlq5.fsf@hurricane.OCF.Berkeley.EDU>
quasi <·········@yahoo.com> writes:

> On 21 Sep 2002 16:21:24 -0700, ···@apocalypse.OCF.Berkeley.EDU (Thomas
> F. Burdick) wrote:
> 
> >quasi <·········@yahoo.com> writes:
> >> 	For God's sake it was a page for the public.
> >
> >For the life of me I don't understand why you think that matters.
> 
> It does matter as it shows the intent.

So what?  Good intent isn't permission.  Someone could deny you
permission for entirely mean-hearted reasons, but that doesn't give
you the right to use their writing anyhow.  In my days, I've
maintained several FAQs, which most people would agree are a public
good, but I still asked directly for permission.  In fact, you
yourself said that you were wrong not to ask directly for permission,
so I really don't understand why you throw in this canard.

> >Yes, that means that most people will probably give their permissions,
> >but you still need to ask!  It's not about lawers, it's about common
> >decency.
> 
> I know you need to ask!!!  Havent I said that I *was* asking
> permission? I also accepted (refer:reply to Erik's mail) that my
> method was *wrong* and I will change it according to the norms which
> were pointed out to me.

Yes, you said you would in the future.  And *that* is what I objected
to.  Doing the right thing in the future doesn't absolve you of the
need to do it in the present.

> Your rather caustic reply was to *that* - the need for which is what
> I fail to see.  Being on the usenet seems to have made you think
> that maybe I am just an email id.  But I am not a that, or a bot.  I
> can not, will not, take uncalled for and irrelevant rudeness.
> Criticism yes, rudeness no.  Sorry, that is the way I am made.

I'll admit that my reply wasn't friendly, it was annoyed and hurried,
but it wasn't particularly caustic.  On the other hand, you responded
with pages of angry ranting.  Who's uncalled-for?

And, by the way, what's with the amateurish ad hominem attack,
claiming I don't know you're a human?  Nothing I've done or said
implied that.

> >This is not an academic document, and you are using opt-out thinking.
> >Before you accuse me of calling you names, you'd be best to explain
> >exactly *how* this is anything other than the opt-out thinking that
> >gives us spam, pseudo-science, and plagarism.
> 
> You do not want to *see* my explanations.  It was just a plain
> oversight on my part, my method being wrong but my intentions not.
> And I accepted it and thanked the one who pointed it out to me and
> promised to adhere to the norm in the future (all which I have hardly
> seen being done here).  Others saw it.  You don't want to.

*What* explanations?  You explained how you didn't think you should
have to ask, and then you changed your mind.  Nonetheless, you still
asked (and for this iteration are still asking) people to opt-out.
You're taking silence as implicit permission, and that's bullshit.

> I have not much idea about opt-out thinking, other than the obvious
> meaning.  And I definitely think it has nothing to do with what I did.
> There maybe other reasons why I did what I did - but the fact is I
> said sorry and promised not to do it again.  That completely atones
> for my earlier non-conformatory behavior which was at worst a error in
> judgment.
> 
> You have no reason to come *after* that and relate me to spam and
> accuse me of plagrism.  My dictionary says "plagrise : Take without
> referencing from someone else's writing or speech; of intellectual
> property"  And I quoted (dictionary - quote : A punctuation mark used
> to attribute the enclosed text to someone else).

I said it's the same thinking that leads to these things.

> Your opt-out theory may be good, but please note that it may not
> apply to everything.

And now you're claiming that I have some world-encompasing theory that
I'm trying to apply to everything.  A little intellectually dishonest,
don't you think?

> I sincerely don't know what you are talking about when you say
> "psudo-science".

I was trying (apparently unsuccessfully) to point out the common
thread between much pseudo-science, spam, and plagarism.  That is, the
idea of implicit agreement in the absence of explicit disagreement.
In the case of pseudo-science, this tends to be wingnuts who claim
that they have "scientific consensus" because no one objected directly
to them, or because they "addressed" all objections.

> In my world all intellectuals are in the persuit of knowledge above
> all.  These little matters matter not to them.  They are my idols.
> I strive to be like them.  And I hope I don't get red-tapish &
> materialistic.
> 
> The Utopian Public Domain License is what I believe in.

Utopian, and using "materialistic" as a bad word.  Hmm, maybe you're
unable/unwilling to understand me because you're a utopian idealist,
and not a materialist?

> Let me see, if you have a heart big enough to accept *your*
> oversight/agressivness regarding this whole matter.

It's your personal problems that are responsible for you thinking that
annoyed curtness is the same as aggressiveness.  For someone who
idolizes intellectuals, you have pretty thin skin.  Most intellectuals
I know don't always waste time making sure people don't take things
personally -- they assume that most people assume they're being
addressed at an intellectual level, not attacked personally.  Maybe
you should try this.

-- 
           /|_     .-----------------------.                        
         ,'  .\  / | No to Imperialist war |                        
     ,--'    _,'   | Wage class war!       |                        
    /       /      `-----------------------'                        
   (   -.  |                               
   |     ) |                               
  (`-.  '--.)                              
   `. )----'                               
From: quasi
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <pobsou0hrcpepspgckgbji6sk897nsdemk@4ax.com>
On 22 Sep 2002 10:13:38 -0700, ···@hurricane.OCF.Berkeley.EDU (Thomas
F. Burdick) wrote:
>Yes, you said you would in the future.  And *that* is what I objected
>to.  Doing the right thing in the future doesn't absolve you of the
>need to do it in the present.

Yes is does not.
I have asked them all.

>I'll admit that my reply wasn't friendly, it was annoyed and hurried,
>but it wasn't particularly caustic.  On the other hand, you responded
>with pages of angry ranting.  Who's uncalled-for?

Yes.
Sorry.

>And, by the way, what's with the amateurish ad hominem attack,
>claiming I don't know you're a human?  Nothing I've done or said
>implied that.

I was sleepy and hurried and angry. Sorry.

>*What* explanations?  You explained how you didn't think you should
>have to ask, and then you changed your mind.  Nonetheless, you still
>asked (and for this iteration are still asking) people to opt-out.
>You're taking silence as implicit permission, and that's bullshit.

According to my consience, I asked though not explicitly. I did not
think at that time it was such a /big/ deal.  This I later corrected
after being pointed out by folks here that it was indeed a /big/ deal.
I did not try to run away from asking or anyting of that sort.  You
and me is not same.  I did what /I/ thought correct.  On being later
pointed out that it was /not/ correct, I corrected it.

Forget it anyway.
This is free space.  You do what you feel you must.

>I said it's the same thinking that leads to these things.

Fine.  I will hence forth not quote anyone from this forum directly or
indirectly.  I accepted and agreed to all you said.  But I simply
cannot tolerate to be called a plagrist or to be even remotely aluded
as one after taking pains to give credit to those whose it was.  So I
am a fool.  OK.

>And now you're claiming that I have some world-encompasing theory that
>I'm trying to apply to everything.  A little intellectually dishonest,
>don't you think?

sheez.  sorry.

>I was trying (apparently unsuccessfully) to point out the common
>thread between much pseudo-science, spam, and plagarism.  That is, the
>idea of implicit agreement in the absence of explicit disagreement.
>In the case of pseudo-science, this tends to be wingnuts who claim
>that they have "scientific consensus" because no one objected directly
>to them, or because they "addressed" all objections.

ummmm... OK.  As I said, I did not know what you meant by
psudeo-science, nor did I see the "thread".  OK.  I got it now.  But I
/had/ very meekly agreed to my mistake of not asking permission.  I
protested to what happened later.  Anyway forget it.

>Utopian, and using "materialistic" as a bad word.  Hmm, maybe you're
>unable/unwilling to understand me because you're a utopian idealist,
>and not a materialist?

I sincerely hope that Gad gives me the strength to be as
un-materialistic as anyone humanly can be.

>It's your personal problems that are responsible for you thinking that
>annoyed curtness is the same as aggressiveness.  For someone who
>idolizes intellectuals, you have pretty thin skin.  Most intellectuals
>I know don't always waste time making sure people don't take things
>personally -- they assume that most people assume they're being
>addressed at an intellectual level, not attacked personally.  Maybe
>you should try this.

yeah I will.

--
(quit)
NO-WAY
T
From: Robert Hanlin
Subject: Re: is it ok if I quote?
Date: 
Message-ID: <c427d639.0209230320.399a61d6@posting.google.com>
quasi <·········@yahoo.com> wrote:
> Fine.  I will hence forth not quote anyone from this forum directly or
> indirectly.  I accepted and agreed to all you said.  But I simply
> cannot tolerate to be called a plagrist or to be even remotely aluded
> as one after taking pains to give credit to those whose it was.  So I
> am a fool.  OK.

Eh, don't worry.  Naggum's rants are actually entertaining and
enlightening... since he does at times play the fool who refuses to
understand peoples' internal motivations, though I don't know where
the hell "Thomas F. Burdick" gets off with comparing an unfortunate,
honest mistake in the pursuit of pure education to willful deception.

You can't live life getting all the boring details right the first
time, or pleasing everyone.  Otherwise you won't get laid, and you'll
start sounding like the aforementioned gentlemen.

Rob
From: David J Cooper Jr
Subject: Type and Optimize  declarations and speedup (was: Re: is it ok if I quote?)
Date: 
Message-ID: <3D8CAE84.8000208@tree.genworks.com>
quasi wrote:
>
> http://abhijit-rao.tripod.com/digital/compiled-lisp.html
 >

As a followup to the example on Quasi's page, I have an application
with a few low-level functions which are to a certain extent
bottlenecks on both speed and memory usage. Below is an example
with the disassembly appended at the end.

Perhaps there are ways to streamline something like this further?
I expect that for something like this there is a point where
there's no shortcutting the actual math that has to be done,
and a C function probably could not do much better...then one
has to find higher-level optimizations in the app itself which
reduce the number of overall calls to the function rather than
trying to squeeze more speed out of the function itself.

Thanks,

  -dave

(defun point-to-point-distance (point-1 point-2)
   "Return a number which is the three-dimensional distance from
point-1 to point-2"
   (declare (type (vector double-float) point-1)
	   (type (vector double-float) point-2)
	   (optimize (speed 3) (compilation-speed 0)
		     (safety 0) (debug 0)))
   (let ((dx (- (svref point-1 0) (svref point-2 0)))
	(dy (- (svref point-1 1) (svref point-2 1)))
	(dz (- (svref point-1 2) (svref point-2 2))))
     (declare (type double-float dx dy dz)) ;;declaration needed?
     (sqrt (+ (* dx dx) (* dy dy) (* dz dz)))))



In AllegroCL 6.2 on 700MHz Linux machine:


TRY(5): (setq p1 (make-point 0 0 0))
#(0.0d0 0.0d0 0.0d0)
TRY(6): (setq p2 (make-point 1 1 1))
#(1.0d0 1.0d0 1.0d0)
TRY(7): (time (dotimes (n 50000)
                 (point-to-point-distance p1 p2)))
; cpu time (non-gc) 620 msec user, 40 msec system
; cpu time (gc)     0 msec user, 0 msec system
; cpu time (total)  620 msec user, 40 msec system
; real time  678 msec
; space allocation:
;  450,014 cons cells, 4,801,072 other bytes, 0 static bytes
NIL

TRY(8): (disassemble 'point-to-point-distance)
;; disassembly of #<Function POINT-TO-POINT-DISTANCE>
;; formals: POINT-1 POINT-2
;; constant vector:
0: SQRT

;; code start: #x7219bbf4:
    0: 55          pushl	ebp
    1: 8b ec       movl	ebp,esp
    3: 56          pushl	esi
    4: 83 ec 24    subl	esp,$36
    7: 8b 58 f2    movl	ebx,[eax-14]
   10: dd 43 f6    fldq [ebx-10]
   13: dd da       fstp st(2)
   15: 8b 5a f2    movl	ebx,[edx-14]
   18: dd 43 f6    fldq [ebx-10]
   21: dd db       fstp st(3)
   23: d9 af 07 fd fldcwf [edi-761]      ; SYS::DOUBLE_CONVERTER
       ff ff
   29: d9 c1       fld st,st(1)
   31: d8 e3       fsub st,st(3)
   33: dd da       fstp st(2)
   35: 8b 58 f6    movl	ebx,[eax-10]
   38: dd 43 f6    fldq [ebx-10]
   41: dd db       fstp st(3)
   43: 8b 5a f6    movl	ebx,[edx-10]
   46: dd 43 f6    fldq [ebx-10]
   49: dd dc       fstp st(4)
   51: d9 c2       fld st,st(2)
   53: d8 e4       fsub st,st(4)
   55: dd db       fstp st(3)
   57: 8b 40 fa    movl	eax,[eax-6]
   60: dd 40 f6    fldq [eax-10]
   63: dd dc       fstp st(4)
   65: 8b 52 fa    movl	edx,[edx-6]
   68: dd 42 f6    fldq [edx-10]
   71: dd dd       fstp st(5)
   73: d9 c3       fld st,st(3)
   75: d8 e5       fsub st,st(5)
   77: dd dc       fstp st(4)
   79: d9 c1       fld st,st(1)
   81: d8 ca       fmul st,st(2)
   83: dd da       fstp st(2)
   85: d9 c2       fld st,st(2)
   87: d8 cb       fmul st,st(3)
   89: dd db       fstp st(3)
   91: d9 c1       fld st,st(1)
   93: d8 c3       fadd st,st(3)
   95: dd da       fstp st(2)
   97: d9 c3       fld st,st(3)
   99: d8 cc       fmul st,st(4)
  101: dd dc       fstp st(4)
  103: d9 c1       fld st,st(1)
  105: d8 c4       fadd st,st(4)
  107: dd da       fstp st(2)
  109: d9 c1       fld st,st(1)
  111: dd d9       fstp st(1)
  113: 33 c9       xorl	ecx,ecx
  115: ff 97 13 02 call	*[edi+531]      ; SYS::NEW-DOUBLE-FLOAT
       00 00
  121: c9          leave
  122: 8b 5e 12    movl	ebx,[esi+18]    ; SQRT
  125: b1 01       movb	cl,$1
  127: ff e7       jmp	*edi
  129: 90          nop
TRY(9):
From: David J Cooper Jr
Subject: Re: Type and Optimize  declarations and speedup (was: Re: is it ok if I quote?)
Date: 
Message-ID: <3D8CAF1D.9010004@tree.genworks.com>
Oops, here's that function again, untabified:

(defun point-to-point-distance (point-1 point-2)
   "Return a number which is the three-dimensional distance from
point-1 to point-2"
   (declare (type (vector double-float) point-1)
            (type (vector double-float) point-2)
            (optimize (speed 3) (compilation-speed 0)
                      (safety 0) (debug 0)))
   (let ((dx (- (svref point-1 0) (svref point-2 0)))
         (dy (- (svref point-1 1) (svref point-2 1)))
         (dz (- (svref point-1 2) (svref point-2 2))))
     (declare (type double-float dx dy dz)) ;;declaration needed?
     (sqrt (+ (* dx dx) (* dy dy) (* dz dz)))))
From: Nils Goesche
Subject: Re: Type and Optimize  declarations and speedup (was: Re: is it ok if I quote?)
Date: 
Message-ID: <lkd6r6kqop.fsf@pc022.bln.elmeg.de>
David J Cooper Jr <··················@tree.genworks.com> writes:

> Oops, here's that function again, untabified:
> 
> (defun point-to-point-distance (point-1 point-2)
>    "Return a number which is the three-dimensional distance from
> point-1 to point-2"
>    (declare (type (vector double-float) point-1)
>             (type (vector double-float) point-2)
>             (optimize (speed 3) (compilation-speed 0)
>                       (safety 0) (debug 0)))
>    (let ((dx (- (svref point-1 0) (svref point-2 0)))

I think you are not allowed to use SVREF here, as SVREF is only for
simple-vectors, which can hold elements of any type.

>          (dy (- (svref point-1 1) (svref point-2 1)))
>          (dz (- (svref point-1 2) (svref point-2 2))))
>      (declare (type double-float dx dy dz)) ;;declaration needed?
>      (sqrt (+ (* dx dx) (* dy dy) (* dz dz)))))

One thing you could do is to declare the arguments to be simple
arrays -- a VECTOR can still be displaced to another array, for
instance; you do /not/ use (declare (simple-vector ...)) for this, as
simple-vectors are not specialized vectors.  That would lead to

(defun point-to-point-distance (point-1 point-2)
  "Return a number which is the three-dimensional distance from
point-1 to point-2"
  (declare (type (simple-array double-float (3)) point-1 point-2)
           (optimize (speed 3) (compilation-speed 0)
                     (safety 0) (debug 0) (space 0)))
  (let ((dx (- (aref point-1 0) (aref point-2 0)))
        (dy (- (aref point-1 1) (aref point-2 1)))
        (dz (- (aref point-1 2) (aref point-2 2))))
    (declare (type double-float dx dy dz)) ;;declaration needed?
    (sqrt (+ (* dx dx) (* dy dy) (* dz dz)))))

In Lispworks, this produces

       0:      55               push  ebp
       1:      89E5             move  ebp, esp
       3:      83EC24           sub   esp, 24
       6:      C7042445240000   move  [esp], 2445
      13:      8B7D08           move  edi, [ebp+8]
      16:      DD4714           fldl  [edi+14]
      19:      DD4014           fldl  [eax+14]
      22:      DEE9             fsubp st(1), st
      24:      DD5DF0           fstpl [ebp-10]
      27:      DD471C           fldl  [edi+1C]
      30:      DD401C           fldl  [eax+1C]
      33:      DEE9             fsubp st(1), st
      35:      DD5DE8           fstpl [ebp-18]
      38:      DD4724           fldl  [edi+24]
      41:      DD4024           fldl  [eax+24]
      44:      DEE9             fsubp st(1), st
      46:      DD5DF8           fstpl [ebp-8]
      49:      DD45F0           fldl  [ebp-10]
      52:      DC4DF0           fmull [ebp-10]
      55:      DD5DF0           fstpl [ebp-10]
      58:      DD45E8           fldl  [ebp-18]
      61:      DC4DE8           fmull [ebp-18]
      64:      DD5DE8           fstpl [ebp-18]
      67:      DD45F8           fldl  [ebp-8]
      70:      DC4DF8           fmull [ebp-8]
      73:      DC45E8           faddl [ebp-18]
      76:      DC45F0           faddl [ebp-10]
      79:      DD5DF8           fstpl [ebp-8]
      82:      B500             moveb ch, 0
      84:      FF1508E50E20     call  [200EE508]       ; SYSTEM::BOX-DOUBLE-AUX
      90:      DD45F8           fldl  [ebp-8]
      93:      DD5804           fstpl [eax+4]
      96:      B501             moveb ch, 1
      98:      C9               leave 
      99:      8F0424           pop   [esp]
     102:      FF2560D30020     jmp   [2000D360]       ; SQRT
     108:      90               nop   
     109:      90               nop   

There is still the boxed call to SQRT; I have no idea how to get rid
of that, but the code should already be pretty fast, I guess.

Regards,
-- 
Nils Goesche
"Don't ask for whom the <CTRL-G> tolls."

PGP key ID 0x0655CFA0
From: Bulent Murtezaoglu
Subject: Re: Type and Optimize  declarations and speedup (was: Re: is it ok if I quote?)
Date: 
Message-ID: <87vg4xkh6y.fsf@acm.org>
>>>>> "NG" == Nils Goesche <······@cartan.de> writes:
[...]
    NG> There is still the boxed call to SQRT; I have no idea how to
    NG> get rid of that, but the code should already be pretty fast, I
    NG> guess.

CMUCL inlines the call to sqrt when the code you posted is compiled.
And I think the code gnereted is short enough that further inlining it
at the place where it is called might be worthwhile.  In that case the
compiler will be able to better arrange arg passing/return so both the
boxing and the error detection code in the assembly output (enclosed
below) will disappear.  

For fast distance calculations between longer Vectors of floats there might 
be a point in looking into MMX/SIMD facilities of the recent Intel/AMD 
processors.  I don't know which CL implementations allow inline assembly 
of this sort as a feature that the user can use but for truly speed 
critical code it might be worthwhile to investigate.

CMU Common Lisp release x86-linux 3.1.1 18d+ 19 July 2002 build 4007, running on defter

* (disassemble 'point-to-point-distance)
481FBA89:       ADD   [EAX], AL
     A8B:       ADD   [EAX], AL
     A8D:       ADD   [EAX], AL
     A8F:       ADD   [ESI+30], BH
     A92:       ADD   [EAX], AL
     A94:       TEST  AL, 186
     A96:       BYTE  #x1F
     A97:       DEC   EAX
     A98:       OR    EAX, [EAX]
     A9A:       ADD   [EAX], CH
     A9C:       AAA
     A9D:       BYTE  #xC7
     A9E:       BYTE  #x1E
     A9F:       DEC   EAX
     AA0:       OR    EAX, [EAX]
     AA2:       ADD   [EAX], CH
     AA4:       NOT   ECX
     AA6:       ADD   [EAX], CH
     AA8:       POP   DWORD PTR [EBP-8]
     AAB:       LEA   ESP, [EBP-32]
     AAE:       FSTPD FR0                    ; No-arg-parsing entry point
     AB0:       FLDD  [EDX+1]
     AB3:       FSTPD FR1
     AB5:       FLDD  [EDI+1]
     AB8:       FXCH  FR1
     ABA:       FSUBD FR1
     ABC:       FSTD  FR2
     ABE:       FSTPD FR0
     AC0:       FLDD  [EDX+9]
     AC3:       FSTPD FR1
     AC5:       FLDD  [EDI+9]
     AC8:       FXCH  FR1
     ACA:       FSUBD FR1
     ACC:       FSTD  FR3
     ACE:       FSTPD FR0
     AD0:       FLDD  [EDX+17]
     AD3:       FSTPD FR1
     AD5:       FLDD  [EDI+17]
     AD8:       FXCH  FR1
     ADA:       FSUBD FR1
     ADC:       FSTD  FR4
     ADE:       FSTPD FR0
     AE0:       FLDD  FR1
     AE2:       FMULD FR2
     AE4:       FSTD  FR1
     AE6:       FSTPD FR0
     AE8:       FLDD  FR2
     AEA:       FMULD FR3
     AEC:       FADD-STI FR1
     AEE:       FSTPD FR0
     AF0:       FLDD  FR3
     AF2:       FMULD FR4
     AF4:       FADDD FR1
     AF6:       FSQRT
     AF8:       MOV   BYTE PTR [#x280001D4], 0 ; COMMON-LISP::*PSEUDO-ATOMIC-INTERRUPTED*
     AFF:       MOV   BYTE PTR [#x280001BC], 4 ; COMMON-LISP::*PSEUDO-ATOMIC-ATOMIC*
     B06:       MOV   EDX, 16
     B0B:       ADD   EDX, [#x806A404]       ; current_region_free_pointer
     B11:       CMP   EDX, [#x806A3D8]       ; current_region_end_addr
     B17:       JBE   L0
     B19:       CALL  #x805335C              ; alloc_overflow_edx
     B1E: L0:   XCHG  EDX, [#x806A404]       ; current_region_free_pointer
     B24:       MOV   DWORD PTR [EDX], 790
     B2A:       LEA   EDX, [EDX+7]
     B2D:       FSTD  [EDX+1]
     B30:       MOV   BYTE PTR [#x280001BC], 0 ; COMMON-LISP::*PSEUDO-ATOMIC-ATOMIC*
     B37:       CMP   BYTE PTR [#x280001D4], 0 ; COMMON-LISP::*PSEUDO-ATOMIC-INTERRUPTED*
     B3E:       JEQ   L1
     B40:       BREAK 9                      ; Pending interrupt trap
     B42: L1:   MOV   ECX, [EBP-8]
     B45:       MOV   EAX, [EBP-4]
     B48:       ADD   ECX, 2
     B4B:       MOV   ESP, EBP
     B4D:       MOV   EBP, EAX
     B4F:       JMP   ECX
     B51:       NOP
     B52:       NOP
     B53:       NOP
     B54:       NOP
     B55:       NOP
     B56:       NOP
     B57:       NOP
     B58:       BREAK 10                     ; Error trap
     B5A:       BYTE  #x02
     B5B:       BYTE  #x19                   ; INVALID-ARGUMENT-COUNT-ERROR
     B5C:       BYTE  #x4D                   ; ECX
* 


cheers,

BM
From: Nils Goesche
Subject: Re: Type and Optimize  declarations and speedup (was: Re: is it ok if I quote?)
Date: 
Message-ID: <lk4rchlx7d.fsf@pc022.bln.elmeg.de>
Nils Goesche <······@cartan.de> writes:

Sorry, I made a copy-paste error.

> (defun point-to-point-distance (point-1 point-2)
>   "Return a number which is the three-dimensional distance from
> point-1 to point-2"
>   (declare (type (simple-array double-float (3)) point-1 point-2)
>            (optimize (speed 3) (compilation-speed 0)
>                      (safety 0) (debug 0) (space 0)))

Add a #+lispworks (float 0) optimization setting to get the Assembly
code I posted.

Sorry,
-- 
Nils Goesche
"Don't ask for whom the <CTRL-G> tolls."

PGP key ID 0x0655CFA0