Hello Dolly, Copyright, GPL

[Jeffro]

Well, this ticket thread is the most extreme case I've seen for the removal of Hello Dolly. This time, it's based on the use of song lyrics and whether they are under Fair Use or not. I don't know which side to take only that if it were determined that a copyright violation has occurred that the lyrics should be removed from the plugin.

http://core.trac.wordpress.org/ticket/15769

[andreasnrb]

Hilarious. Yet another reason to remove the stupid plugin.

[chipbennett]

Well, this ticket thread is the most extreme case I've seen for the removal of Hello Dolly. This time, it's based on the use of song lyrics and whether they are under Fair Use or not. I don't know which side to take only that if it were determined that a copyright violation has occurred that the lyrics should be removed from the plugin.

http://core.trac.wordpress.org/ticket/15769

For the time being, I'm going to take Mark Jaquith at his word that this matter has reached Matt's ears, and not contribute further to the comment thread. I stated what I thought needed to be said: primarily, that Mark Jaquith's fair-use arguments are basically specious.

1. Educational/Non-Commercial Use: The use of the "Hello, Dolly!" lyrics do not further any educational purpose of the Plugin, and lack of use of those lyrics would not negatively detract from such educational purpose. Any public-domain lyrics could be used in place of the copyrighted work, and the educational purpose (to teach WordPress Plugin developers how to implement certain Plugin API features and other functions) would be furthered equally as it is when the copyrighted work is used. ETA: By the way: distributing the Plugin with WordPress? That lessens the "educational use" argument even more, because it makes the use less individual and/or spontaneous.
   
2. Nature of Copyrighted Work: The nature of the copyrighted work - lyrics to a song - does not inherently lend the work to be used in the manner for which it is incorporated by the Plugin.
   
3. Substantiality/Extent of Use: The Plugin incorporates the entire lyrics, not an excerpt or a snippet, but rather the entire work.
   
4. Market Effect: The Plugin has no effect on the market for the original work.

#1 and #3 will kill any attempt at a fair-use infringement defense.

While I agree that a Trac ticket is not the place to carry out an extended copyright-infringement argument, I think that the powers-that-be either need to listen to those who are sounding the alarm regarding a potential copyright-infringement issue, or else need to consult their lawyers (real copyright lawyers, not the ideologues at the SFLC).

[hakre]

Well, this ticket thread is the most extreme case I've seen for the removal of Hello Dolly. This time, it's based on the use of song lyrics and whether they are under Fair Use or not. I don't know which side to take only that if it were determined that a copyright violation has occurred that the lyrics should be removed from the plugin.

http://core.trac.wordpress.org/ticket/15769

For me as a wordpress user, the main question is wether the Hello Dolly Lyrics can be distributed under GPL or not. The copyright implications were already raised 11 months ago in ticket #11538. It was just ignored.

In the new ticket it's written that the plugin is violating the copyright as the lyrics author has never given rights to redistribute the lyrics under GPL.

I was not aware of it until the new ticket was opened.

And as I wrote in my blogpost "Plugins are GPL, Right?", code violating the GPL terminates the GPL for the whole wordpress package. Especially for Hello Dolly as it is bundled with core code.

[chipbennett]

For me as a wordpress user, the main question is wether the Hello Dolly Lyrics can be distributed under GPL or not. The copyright implications were already raised 11 months ago in ticket #11538. It was just ignored.

In the new ticket it's written that the plugin is violating the copyright as the lyrics author has never given rights to redistribute the lyrics under GPL.

I was not aware of it until the new ticket was opened.

And as I wrote in my blogpost "Plugins are GPL, Right?", code violating the GPL terminates the GPL for the whole wordpress package. Especially for Hello Dolly as it is bundled with core code.

Hakre, you make an excellent, valid point, and I'm sorry that it is being ignored.

If anyone other than Matt had written that stupid Plugin, it would by now be long-gone from the default distribution.

[Ryan]

code violating the GPL terminates the GPL for the whole wordpress package. Especially for Hello Dolly as it is bundled with core code.

I think you meant "violate", not "terminate".

[andrea_r]

Substantiality/Extent of Use: The Plugin incorporates the entire lyrics, not an excerpt or a snippet, but rather the entire work.

Actually, it doesn't contain the whole song.

http://www.lyricsondemand.com/soundt...llylyrics.html

That site above has a far better case for copyright infringement.

If anyone other than Matt had written that stupid Plugin

If anyone other than Matt had written it, people wouldn't raise such a stink over it. ;)

[Ryan]

Some of the posters in that topic need to pull their head out of their own butt if they want anyone to listen to them. Ranting in a non-sensical fashion is a terrific way to get someone to totally ignore their requests and be treated like a moron.

[hakre]

I think you meant "violate", not "terminate".

No, "terminate" as "terminate" in §4 of GPL v2.

[hakre]

http://www.lyricsondemand.com/soundt...llylyrics.html

That site above has a far better case for copyright infringement.

That site is not offering the lyrics under GPL, instead it has a very limited usage: "All lyrics are property and copyright of their respective authors, artists and labels. All lyrics provided for educational purposes only."

You might find those sites morally problematic, but the case here is how to ensure that the wordpress package can be distributed under GPL, the license we expect. The Hello Dolly plugin is a show-stopper - regardless who wrote it.

The author will only make a difference how the topic gets anticipated, but it shouldn't make a difference for the facts.