how much right do I have on my project, if there are patches by others?
arnoud at engelfriet.net
Fri Jul 6 16:51:12 UTC 2007
Ben Tilly wrote:
> On 7/6/07, Arnoud Engelfriet <arnoud at engelfriet.net> wrote:
> >I guess it depends on jurisdiction. In some, you need permission
> >from all copyright holders. In others, any copyright holder can
> >sue, but at the same time any other copyright holder can grant
> >a license to the entire work, making such lawsuits a waste of money.
> I am not a lawyer, but I've never heard of such a jurisdiction. I'm
> positive that the USA, Canada and Great Britain don't work that way,
> and I'd be surprised if any country following British Common Law does.
It is my understanding of US copyright law that each co-owner of
a work has an independent right to use or non-exclusively license
the use of a work.
There is also no need for a specific statutory provision concerning the
rights and duties of the coowners of a work; court-made law on this point is
left undisturbed. Under the bill, as under the present law, coowners of a
copyright would be treated generally as tenants in common, with each coowner
having an independent right to use or license the use of a work, subject to
a duty of accounting to the other coowners for any profits.
In Germany all copyright holders need to consent to a license granted
by any one copyright holder.
> >Those recommendations are not part of the GPL, fortunately.
> What do you mean by "part of the GPL"?
I mean they are not part of the license. True, they are on the
same document, but they are not a license term.
> They are certainly part of the
> document, if you tried to remove them then you'd be violating the
> FSF's copyright on the GPL.
The GNU GPL (v3) is the text from "GNU GENERAL PUBLIC LICENSE" up to
and including "END OF TERMS AND CONDITIONS" on the page
[the same applies to GPLv2]
Everything above and below (and to the side) of that is not
part of the license document. I don't see how a text that is
below a marker "END OF TERMS AND CONDITIONS" can be considered
part of a license.
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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