Question of basic rights

[Seth Johnson]

James Michael DuPont wrote:
> 
> I have been discussing the concept of basic rights to source code and
> freedom to modify and use them.
> 
> My question is, is there a basic right under US law to be able to
> create dervied works of software?


Whoa, opening a huge can of worms here -- *the* can of worms!  :-)


> Lets say, considering a posting of source code to a mailing list, with
> no statement of licensing implied or asked, is there any right another
> person has to read that, edit it, modify it and publish derived works?
> 
> Are there any freedoms that can be seen as given unless the person
> enters an agreement that is designed to take that freedom away?


Exclusive rights policy presently is not in accord with fundamental rights
and doesn't recognize the nature of code as such.

But of course there are freedoms that are given unless a person enters an
agreement otherwise.  In fact, that's really the essential point in the
service of which many have gotten involved in the free source movement.

But the law gives the author the right to control derivative works.  If you
think otherwise and wish to act otherwise, you must either perform an act of
civil disobedience, or protect yourself through the use of free source
licenses.


> The question comes from our free software for education project,
> please feel free to comment on that :
> http://fsedu.org/fsedu.pl?DefendStudents
> 
> 1. You have the right to use free software instead of proprietary
> software for all school-related tasks. The school shall not impede this
> right in any way.
> 
> 2. You have the right to demand open file formats:
> 
> 2.1. Allow sincere choice of software/operating system
> 
> 2.2. Openly specified and freely implementable
> 
> 3.3. Work with completely Free systems
> 
> 3. You have the right to publish your homework assignments as you see
> fit, for profit or gratis.
> 
> 4. You have the right to publish what you learn, in your own words, for
> profit or gratis.

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I reserve no rights restricting copying, modification or distribution of
this incidentally recorded communication.  Original authorship should be
attributed reasonably, but only so far as such an expectation might hold for
usual practice in ordinary social discourse to which one holds no claim of
exclusive rights.

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