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Re: Bye - Bye , open source derivative works litigation
From: |
Hyman Rosen |
Subject: |
Re: Bye - Bye , open source derivative works litigation |
Date: |
Thu, 11 Feb 2010 16:47:58 -0500 |
User-agent: |
Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0 |
On 2/11/2010 4:37 PM, RJack wrote:
We are not speaking about the intent of the developers concerning the
GPL and "all third parties" (meaning the general public -- remember
"General Public License"?) but the relationship among the *developers*
themselves. The GPL is irrelevant to the intent among the contributing
developers. The developers *actions* carry far for weight than any
*language* about intent.
The GPL is entirely relevant - intent can be imputed when there
is no document describing the relationship among several authors,
but when there is such documentation, there is no need to search
for intent. The authors have all stated exactly what the copyright
relationship among them is, by using the GPL as their license. Had
they wished to create a joint work, they would have said so in the
license. But they did not.
The notion that a joint work happens by accident is laughable.
This is what a document creating a joint work looks like:
<http://www.openoffice.org/licenses/jca.pdf>
1. Contributor owns, and has sufficient rights to contribute,
all source code and related material intended to be compiled
or integrated with the source code for the OpenOffice.org open
source product (the "Contribution") which Contributor has ever
delivered, and Sun has accepted, for incorporation into the
technology made available under the OpenOffice.org open source
project.
2. Contributor hereby assigns to Sun joint ownership in all
worldwide common law and statutory rights associated with the
copyrights, copyright application, copyright registration and
moral rights in the Contribution to the extent allowable under
applicable local laws and copyright conventions. Contributor
agrees that this assignment may be submitted by Sun to register
a copyright in the Contribution. Contributor retains the right
to use the Contribution for Contributor's own purposes. This
Joint Copyright Assignment supersedes and replaces all prior
copyright assignments made by Contributor to Sun under the
OpenOffice.org project.
3. Contributor is legally entitled to grant the above assignment
and agrees not to provide any Contribution that violates any law
or breaches any contract.
- Re: Bye - Bye , open source derivative works litigation, (continued)
- Re: Bye - Bye , open source derivative works litigation, JEDIDIAH, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Alexander Terekhov, 2010/02/13
- Re: Bye - Bye , open source derivative works litigation, JEDIDIAH, 2010/02/13
- Re: Bye - Bye , open source derivative works litigation, RJack, 2010/02/14
- Re: Bye - Bye , open source derivative works litigation, Alexander Terekhov, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Alexander Terekhov, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, David Kastrup, 2010/02/12
- Re: Bye - Bye , open source derivative works litigation, RJack, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation,
Hyman Rosen <=
- Re: Bye - Bye , open source derivative works litigation, chrisv, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, David Kastrup, 2010/02/12
- Re: Bye - Bye , open source derivative works litigation, RJack, 2010/02/10
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, RJack, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, RJack, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11