[cabfpub] CPs, CPSes and copyright

Rick Andrews Rick_Andrews at symantec.com
Wed Jun 3 19:47:55 UTC 2015

>> - There is a legal doctrine known as "fair use" that we feel 
>> adequately covers the public comment process that Mozilla wishes to 
>> preserve. "Fair use" allows for someone to excerpt parts of the 
>> document in order to draw attention to it.
> The legal doctrine of copyright "fair use" is a US concept. While Mozilla currently processes CA applications in the US,
> there is no rule which says that will be the case for ever. > (Although we have no plans to change.) Other
> jurisdictions have a different approach which may well not cover this use case, either for Mozilla or for other people
> who are doing evaluations of CAs with a > > view to determining their trustworthiness. EU law, for example, has 20+
> possible exception categories, but all of them bar one are optional in the legislation of member states.

> We don't think that relying on the patchwork of exceptions and limitations to copyright worldwide is sufficient to give people the necessary leeway.

My counsel replies: "We understand your concerns about the different copyright laws in the different countries. We are familiar with the CC license you suggest but still feel that the Forum’s needs are covered under copyright law. Symantec supports the objectives of CA/B Forum, and as a member, Symantec is not inclined to hinder any work the Forum does in furtherance of those objectives."

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