|
From: | Rjack |
Subject: | Re: Effect of transfer of copyright on free software licenses? |
Date: | Sat, 18 Jul 2009 23:40:56 -0400 |
User-agent: | Thunderbird 2.0.0.22 (Windows/20090605) |
Tim Smith wrote:
Suppose I create a copyrighted work. I release it under a license such as GPLv2. You use it, in a way that requires permission of the copyright holder, but is in accord with GPLv2, so you are OK. Suppose now that I transfer the copyright to someone else. Do you now have something to worry about if the copyright assigneewishes to stop you from copying, modifying, and distributing the software?The GPL is meant to be a bare license, not a contract, but doesn't that mean it provides no protection if the ownership of the work changes?
You snooze, you lose: "§ 205. Recordation of transfers and other documents (e) Priority between Conflicting Transfer of Ownership and Nonexclusive License. — A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such owner's duly authorized agent, and if (1) the license was taken before execution of the transfer; or (2) the license was taken in good faith before recordation of the transfer and without notice of it." The GPL is *not* a nonexclusive license signed by the owner. Sincerely, Rjack
[Prev in Thread] | Current Thread | [Next in Thread] |