[License-discuss] Warranty of title

[Tim Makarios]

On Fri, 2017-01-20 at 13:40 +0100, Massimo Zaniboni wrote:
> On 20/01/2017 00:20, Tim Makarios wrote:
> 
>  > Or is there some legal theory by
>  > which the copyright holders are considered to be the licensors, but the
>  > distributor is considered to be the one to whom the waiver of warranty
>  > applies?
> 
>  From what I understood, the situation seems this:
> 
> * suppose A is product released under BSD or ISC license
> * AA is the copyright holder of A
> * B is a product with a different (maybe commercial) license, and B is 
> using A source code
> * if B product "cite/credit" A, then according A license, B can use A 
> source code
> * BB is the copyright holder/author of B, so he can apply the license 
> terms he prefers, according Berne Convention
> * BB is the distributor of B, but he is not the distributor of A

Okay, but if Carlos also distributes B, unchanged, then he's also a
distributor of B, but not an author of it.  If B is released (and Carlos
distributes it) under, say, the Apache licence, then the Licensor is
disclaiming warranties of title and non-infringement, among other
things.  But when Carlos distributes B, who is the Licensor, Carlos, or
BB?

Tim
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