Question on OSD #5

Arnoud Engelfriet arnoud at engelfriet.net
Sat Dec 15 16:39:33 UTC 2007


Dag-Erling Sm??rgrav wrote:
> "Chris Travers" <chris.travers at gmail.com> writes:
> > I have seen licenses which purport to require that anyone who modifies a
> > work send a patch back to the original developer.  If this is triggered on
> > any modification, then "private" modifications aren't so private anymore.
> 
> I realize that YANAL, but is this even legal / enforcable?

Why not? It's a condition on the right to create derivative works.
Sure, it's onerous, but generally not that onerous that it would be
unenforceable.

The biggest difficulty I see is whether this means *any* modification
and how soon after its making it should be submitted? Every modification
that makes it into a "stable" version? Every modification that compiles? 
Every modification I put in cvs? Every modification I save? 

You'd really need a clear trigger that doesn't impose an undue burden
on the developer. 

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
              Arnoud blogt nu ook: http://blog.iusmentis.com/




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