AFL - non-sublicenseable versus distributable

Rick Moen rick at
Tue Aug 3 18:21:34 UTC 2004

Quoting dlw (danw6144 at

> 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.

It suffices to note a faulty premise:  Use of copyright licences doesn't
appear to entail sublicensing.

(Mr. Wallace appears to crank these things out, on average, about every
2-3 months, I notice.  One wonders what that cycle correlates with.)

Rick Moen                      Linux for Intel:  Party like it's 2037!
rick at

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