RMS on Plan 9 license, with my comments

[Rod Dixon, J.D., LL.M.]

> On Sat, 22 Jul 2000, John Cowan wrote:
>
> > > This prohibits modifications for private use, denying the users a
> > > basic right
> >
> > I agree with RMS here.  Not allowing the private use of private changes
> > is way unreasonable.
>
> As a practical matter, though, this is just as meaningless as arguing
> over how many angels can dance on the head of a pin :-) You're only
> supposed to submit the code upon request. First of all, Lucent has to
> know that you've even modified it, which is unlikely. Second, even if
> an even coworker turned you in, it's doubtful that Lucent would even
> want your private modifications.
>
> I also have a suspicion that this clause is legally meaningless as
> well, since I don't think they can restrict private usage of legal
> copies to begin with.  Lucent may own the copyright and rights to
> distribution, but the user owns the particular copy.

Actually, this is not exactly correct, and it is a VERY important point. In
the U.S., whether the user is an "owner" of a copy of software or simply a
"possessor" of a copy of software, first, depends on whether the software is
"sold" or "licensed," and then depends on the intent of the copyright owner
(i.e. the type of transaction is important). It seems to me that open source
licenses are not sales, but licenses of software. Consequently, those who
receive the software under a license are not owners, but possessors of
copies. This is important because (as someone points out using different
language) "owners" of copies have "greater" rights than a "possessor."
(Note: the Copyright Act treats software in a different manner than other
works on this issue. You will need to consult sections 109 and 117 of the
Act). The black letter on this complex area of copyright law is that you may
impose usage restrictions (whether private or otherwise) on software if it
is clear from the transaction that the licensee has been granted lawful
possession of the copy rather than sold a copy that the "user" owns.

Rod