Scope of copyright on derivative works

dlw danw6144 at insightbb.com
Sat Sep 29 01:28:57 UTC 2007


"The Changed Work is allowed only because the original open source licenses
on the contributions authorize the making and distribution of changes. I
call that "sublicensing", although some lawyers prefer to view it as
"licenses emanating directly from their original licensors". Those are
different way of describing the relationship of the parties, but I believe
both have the same practical result."


The GPL states:

 “b) You must cause any work that you distribute or publish, that in 
whole or in part contains or is derived from the Program or any    part
thereof, to be licensed as a whole at no charge to all third    parties
under the terms of this License.” 

Any judge in this United States, while holding his copy of the GPL
license in his own hands, will *not* interpret the plain meaning of the
contractual words  “this license” in sec. 2(b) to mean "licenses
emanating directly from their original licensors."

The term “this license” obviously means the copy of the GPL he is
holding in his own hands. To claim otherwise calls for the willing
suspension of disbelief.    




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