For Approval: Microsoft Permissive License
dlw
danw6144 at insightbb.com
Sun Sep 16 18:33:13 UTC 2007
17 USC § 106
Subject to sections 107 through 122, the <OWNER> of copyright under this
title has the <EXCLUSIVE> rights to do and to authorize any of the
following: . . .
17 USC § 101
A “transfer of copyright ownership” is an assignment, mortgage,
exclusive license, or any other conveyance, alienation, or hypothecation
of a copyright or of any of the exclusive rights comprised in a
copyright, whether or not it is limited in time or place of effect, <NOT
INCLUDING> a nonexclusive license.
If your don't <OWN> the copyright you <CAN'T> license a work (§ 106).
A nonexclusive licensee can't receive any <OWNERSHIP RIGHTS> (§ 101).
So what is a "sublicense"? You can't license what you don't own.
It is commonly said that <PARTY A> may "sublicense" a nonexclusive for a
work with the consent of the copyright owner but this requires
contractual privity with the "owner of the copyright" and is actually a
"transfer" of a specific non-exclusive license from <PARTY A> to <PARTY
B> with permission of the <OWNER>. This means <PARTY A> relinquishes his
already existing license to <PARTY B>.
This is not the same thing as <PARTY A> granting a new license to <PARTY
B> -- only the <OWNER> of a copyright may do that (§ 106).
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