Clarification of GPL

Arnoud Engelfriet galactus at stack.nl
Sun Dec 14 09:24:55 UTC 2003


ti EMAIL wrote:
> A piece of software I regularly use is released under the GPL.  My
> concern is how the original writer and maintainer accepts patches.
> 
> Each source file is tagged with a header naming him as copyright
> followed by a GPL header.  For anybody to submit a patch to the
> original distribution, you agree that he gets copyright of it.  

In most countries, an assignment of copyright has to be in
writing and on paper. So an e-mail may well be insufficient.

> Can
> you transfer copyright to somebody after editing source under GPL, or
> are these two things unrelated?  He claims this is to avoid stupid
> situations later on where the copyright is split out over a million
> people, each of which could stop further distribution of his program.

That's a realistic worry, although if all those people license
their code under GPL, they cannot revoke that license and stop
distribution of the program. A bigger issue is if in the future
the project wants to change the license. Then they have to ask
everyone permission. 

> For a code module/library I?ve written and released under the GPL, is
> it possible to be incorporated into this previous program giving the
> previous stipulation based on only the information I?ve stated here?

If two works are under GPL, it is always permissible to combine them
into a third work under GPL.

> Can you add requirements to a license in a source file such that your
> name must always be included as writing the file if anybody decides to
> use your code?  (Questioning if this can be legally binding.)

That's certainly legally binding. Note that the GPL already
requires people to keep notices in the source intact (see
section 1, which must be followed whenever someone distributes
original or modified source code).

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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