[License-discuss] Warranty of title

[Massimo Zaniboni]

On 06/02/2017 04:55, Tim Makarios wrote:

> 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?

If Carlos distributes B, then the licensor is BB.

But Carlos can create C, that is a derivative works of B. C can use 100% 
B, and C can be different from B only in the name of the product, and in 
the displayed copyright notices, so minor parts. We agree that C is in 
practice B with a different name. But C is using B, and BSD and ISC 
license allow this.

So Carlos is the distributor of C, and not B, because it is distributing 
a "different" product with a different name, copyright holder and maybe 
license.

In case of Apache License there is the 2. point:

"Subject to the terms and conditions of this License, each Contributor 
hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, 
royalty-free, irrevocable copyright license to reproduce, prepare 
Derivative Works of, publicly display, publicly perform, sublicense, and 
distribute the Work and such Derivative Works in Source or Object form."

so you can sublicense for sure C.

As usual, I'm not a lawyer/expert, so my 2 cents.

Regards,
Massimo