ISO/Ansi Standards, Copyright and SQL July 4, 2009

Imagine the perfect ISO/Ansi standard for a programming language. It would be concise, precise, 100% correct and writen in a formal language. Imagine constructing software that would implement a parser for the programming langauge. You could simply open the standard at page one and mechanically translate it to your favorite programming language. One could even construct a computer program to automate the translation from standard into working parser code. In fact, using a computer program to translate the standard would be best, as it would minimize work and minimize the chance of errors.

Except… except that ISO/Ansi standards are copyrighted and a translation would make your implementation a derivative work, at least as I read the law US Code Title 17:

A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”. (the bold-font is my own)

So what is the point of having a technology standard, if implementors cannot use it, because it is copyrighted?

Some may argue, that no standard is perfect and large parts of standards are described as English prose, as opposed to formal language. So my assumption is invalid and therefore my argument is invalid too. Well true, no standard is perfect, but parts of many standards are written in a concise, precise and formal language. And the formal part could be translated (automatically) to a working implementation. Except when the formal part is copyrighted…

Others may argue, that standard organizations too have expenses, and thus they need to charge for their standards. Again true, but what is the point of the standard in the first place, if one cannot use the standard directly to construct technology ? Second, everything do not have to be free of charge. The informal English prose could be copyrighted. And the standards organization could include a license explicitly granting the right to translate the English prose into a working implementation and leave the formal part in the public domain. Third, they could look for other streams of revenue, like certifying software and individuals.

I am not a lawyer, and thus I am hopeful, that I misunderstand the law or that I overlooking some crucial detail. Please comment if I am. Other comments are also welcome.

You may wonder, why the rant? I recently considered implementing a SQL parser and considered translating the formal (BNF) part of the ISO/Ansi SQL standard automatically, but this let me to consider copyright, which let me to this post.