[License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

Chris Travers chris at metatrontech.com
Fri Jun 8 06:25:52 UTC 2012

On Thu, Jun 7, 2012 at 10:52 PM, John Cowan <cowan at mercury.ccil.org> wrote:
> Chris Travers scripsit:
>> I am not 100% sure but I think after the changes in 2010, exclusive
>> licensees are now assumed to have sublicense rights as well.
> An exclusive license is really a transfer of copyright ownership, and the
> entire bundle of rights (including the right to say what the license is)
> goes with it.  Existing licensees may be protected by promissory estoppel,
> but merely potentional licensees are not.

Not necessarily.  I don't see why one can't license some rights
exclusively to one party and other rights exclusively to another

>> If I give a book publisher the right to sublicense my book, I would
>> assume at a minimum they could tell a magazine they could serialize
>> it, for example, and on what terms.  Presumably they could license an
>> excerpt to be published in an anthology and set terms (within certain
>> limits dependent on the contract with the publisher) for that
>> publication.  Maybe they could even negotiate movie rights.
> Indeed.  It used to be usual for the author to transfer all rights
> (making the publisher an exclusive licensee) and nail down profit-sharing
> in the contract, but nowadays publishers usually buy just enough rights
> for their immediate needs: for example, magazine publishers usually want
> "first serial rights".
>> A program linking to another
>> program is not "based on" that other program in that sense regardless
>> of the mechanism of linking any more than an anthology is based on the
>> pieces published therein.
> The question is whether the linked program is a derivative work of its
> parts or merely a collective work.  Larry says "collective", the FSF says
> "derivative".  Infinite are the arguments of mages.
But that's my point really.  This is an area where some people
disagree in good faith and hence it's an area which is more likely to
end up in court....   I don't know what this says about how robust a
license is though.

 Best Wishes,
Chris Travers

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