BXAPL - request for comments
Lawrence E. Rosen
lrosen at rosenlaw.com
Mon Oct 28 23:02:02 UTC 2002
> > > B) Copyrights of Modifications to be passed to Copyright Holder.
> > > Found no mention of such a requirement in the OSL.
> > The requirement that downstream licensees who modify the software
> > assign their copyrights to the licensor is entirely
> unacceptable. Why
> > do you need that? The OSL is fully enforceable by the
> licensor even
> > if he doesn't own the copyrights. (This is not true for the GPL or
> > LGPL!)
> --> It was based on QPL, section 2. If it is utterly unacceptable
> then how did the QPL ever get approved? If it hadn't
> been approved
> I never would have used it as a source of inspriation.
I'm confused. The QPL doesn't require that "copyrights of modifications
be passed to copyright holder." Section 2 in the QPL? I still don't
> > Entirely up to you. But if you insist on your point B, above, I'll
> > recommend disapproval of your license. I should also note that,
> > although this is not legal advice nor intended to create an
> > attorney-client relationship with you, I believe several
> sections of
> > your license are probably unenforceable and of dubious
> legal effect.
> > In particular, your claim that your license is not a
> contract is legal
> > hogwash.
> --> This list has recently seen a heated debate over the very issue.
> I know your point of view. Nevertheless, since so much debate
> was spent on it, I thought it prudent to make it explicit.
> Whether or not it is enforcible or hogwash or whatever will
> - in the ultimate case - be decided by a judge of appropriate
> jurisdiction. Which will be Dutch in my case, French for
> Steve Lhomme's case. You may be right when it comes down
> to American jurisdictions - you're undoubtedly way better
> informed than either of us on that matter. But when it comes
> to the Dutch or French case? And even if it is hogwash in
> some jurisdictions, it is nobody's way and may help to make
> things clear.
Sorry, I regretted my use of the term "hogwash" as soon as I sent the
email. I just strongly believe that no US judge will enforce anything
other than copyright law terms in a copyright license; if the license is
subject to contract law, however, then contract law terms can be
enforced. What a court will do in Holland or France is a mystery to me.
Do the judges there still wear wigs and speak in haughty accents?
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