[License-discuss] Warranty of title

Massimo Zaniboni massimo.zaniboni at asterisell.com
Fri Jan 20 12:40:12 UTC 2017

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

Obviously these passages are only needed if BB wants to release A under 
a different license. Otherwise he can simply add himself to the list of 
A contributors/copyright holders.

In other words: do you want release A under a different license? Then 
create a new product you own, and use A source code in it.


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