[License-discuss] Idea for time-dependent license, need comments

[Chestek Pamela]

On Jul 20, 2013, at 12:49 PM, John Cowan wrote:

> Mike Milinkovich scripsit:
> 
>> So you are asserting that by getting a single patch accepted into the Linux
>> kernel that I can, under US copyright law, re-license the entire work? As
>> long as I share any proceeds equally with all other copyright holders of
>> course.
> 
> In principle.  However, a judge might well decide that that was not enough
> to make you a joint author.  Judges aren't computers.
> 

To clarify, a joint owner could authorize use of the work under a license that is different from the original license, but that doesn't effect a change of the license altogether. The original license, from the other joint author(s), remains, so what you really would have is a dual-licensed work - admittedly still suboptimal, but the joint author couldn't remove the open source license altogether. And John points out in principle a patch could create a joint work, but I expect it would take a much more substantial contribution than that. I don't think someone can realistically come along and hijack a project by submitting a few minor changes.

Pam 

Pamela S. Chestek, Esq.
Chestek Legal
PO Box 2492
Raleigh, NC 27602
919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com
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