APL license - What about the enforced logos?

Rick Moen rick at linuxmafia.com
Wed Nov 8 09:41:35 UTC 2006

Quoting David Woolley (david at djwhome.demon.co.uk):

> I believe that the problem being highlighted is that the actual
> copyright ownership may be a composite of Alfresco's and subsequent
> contributors', but this requirement can result in the notice not
> being allowed to include notice of the subsequent contributions, thus
> misrepresenting the true copyright ownership.

Not allowing a property holder to indicate his/her property would be,
to be blunt, mildly insane and clearly contrary to public policy and
the general intent of copyright law.  Why would you think a judge would
interpret the licence that way, or, if he/she did so, hold it to be

(Even joint or collective works are subject to multiple copyright
notices, quite routinely.)

> Another problem is that it would reset the copyright date, which,
> as the copyright is corporate, would purport to extend the life of
> Alfresco's copyright.

I confess I am sadly ignorant of any mechanism other than statute by 
which copyright date might be 'reset'.

> Finally, if one interprets this as referring to the licence grant, rather
> than the copyright notice, it means that the licence can be modified
> or revoked.

You'll want to look up 'promisorry estoppel' at this point, among other

> I thought that a judge's job in this respect was to try to determine,
> on the balance of probability, what the licence drafter's intentions
> were.  On my reading of the material quoted, I think it is clear that
> they, did require the visibility and presence of hyperlinks that 
> could only really be achieved by having a GUI.

Fortunately, I think most judges are more familiar with the term 'if
any' and 'if applicable' than are the Asperger's poster children so
famously prominent among us.  

Cheers,                  Higgeldy Piggeldy             "Phooey on Freud and his 
Rick Moen                Hamlet of Elsinore            Psychoanalysis -- 
rick at linuxmafia.com      Ruffled the critics by        Oedipus, Schmoedipus,    
                         Dropping this bomb:           I just loved Mom."       

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