AFL - non-sublicenseable versus distributable

dlw danw6144 at
Tue Aug 3 13:02:14 UTC 2004

In order to sublicense a work you must have some ownership right
in the underlying copyrighted work.  You must be either the copyright
owner or an exclusive licensee with permission of  the owner see
Nike v. Gardner, 279 F. 3d 774 (9th Cir. 2002).

A non-exclusive licensee *cannot* sublicense a copyrighted work.
This is the old "doctrine of indivisibility".  See Nike v. Gardner above.
This is one reason *nonexclusive* license schemes like the GPL are invalid.

Daniel Wallace

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