Re: What does disclaiming a copyright mean?

2006-04-19 Thread Seth David Schoen
Andrew Donnellan writes:

 I'll disagree further - Burkhard Morgenstern is a professor at the
 University of Gottingen, and he is listed specifically as one of the
 authors. If it was an employer disclaiming copyright interest,
 wouldn't it be done by an authorised representative of a
 company/organisation?

That's a good point.  It makes me think that Prof. Morgenstern may
have been using the FSF's disclaimer language for a purpose other
than the purpose for which it was originally intended.

-- 
Seth David Schoen [EMAIL PROTECTED] | This is a new focus for the security
 http://www.loyalty.org/~schoen/   | community. The actual user of the PC
 http://vitanuova.loyalty.org/ | [...] is the enemy.
   |  -- David Aucsmith, IDF 1999


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What does disclaiming a copyright mean?

2006-04-18 Thread Charles Plessy
Dear debian-legal subscribers,

As I am not a native speaker, I face difficulty of understanding the
following sentence:

 Burkhard Morgenstern hereby disclaims all copyright interest in 
DIALIGN, written by Burkhard Morgenstern and Said Abdeddaim. 

It is from the licence of the dialign program, which you can read here:

http://charles-miroir.plessy.org/debian/dialign-2.1.1/license/LICENSE.TXT

Does in mean that B. Morgenstern abandons his rights to S. Abdeddaim ?

Thank you a lot for your help,

-- 
Charles Plessy
Wako, Saitama, Japon


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Re: What does disclaiming a copyright mean?

2006-04-18 Thread Andrew Donnellan
Disclaiming a copyright means releasing into the public domain. (as in
no copyright at all). IANAL, but looking at what the license file
says, I would assume it to be copyrighted by Said Abdeddaim and
released under the LGPL, but the parts written by Burkhard Morgenstern
are PD.

andrew

On 4/19/06, Charles Plessy [EMAIL PROTECTED] wrote:
 Dear debian-legal subscribers,

 As I am not a native speaker, I face difficulty of understanding the
 following sentence:

  Burkhard Morgenstern hereby disclaims all copyright interest in
 DIALIGN, written by Burkhard Morgenstern and Said Abdeddaim. 

 It is from the licence of the dialign program, which you can read here:

 http://charles-miroir.plessy.org/debian/dialign-2.1.1/license/LICENSE.TXT

 Does in mean that B. Morgenstern abandons his rights to S. Abdeddaim ?

 Thank you a lot for your help,

 --
 Charles Plessy
 Wako, Saitama, Japon


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Re: What does disclaiming a copyright mean?

2006-04-18 Thread Seth David Schoen
Andrew Donnellan writes:

 Disclaiming a copyright means releasing into the public domain. (as in
 no copyright at all). IANAL, but looking at what the license file
 says, I would assume it to be copyrighted by Said Abdeddaim and
 released under the LGPL, but the parts written by Burkhard Morgenstern
 are PD.

I disagree.  This paragraph is boilerplate from the GPL (in the section
on applying the GPL's terms and conditions to your own work).  I believe
the goal is to have a third party (like an employer) state that it does
not have a copyright interest in a work, so that other people can rely
more easily on the licensor's statement that the licensor licenses the
work under the GPL.

The goal of the copyright disclaimer would then be to reduce uncertainty
about whether the employer might later claim copyright (perhaps because
the program could be considered a work made for hire or perhaps
because the employer's contract with the employee normally gives the
employer rights in programs written by the employee) and then try to
apply terms inconsistent with the GPL terms to it.

The person who issues a copyright disclaimer is not saying that there
is no copyright -- just that he or she doesn't claim any copyright.  I
don't know if there are court cases that interpret the effect of this
disclaimer in various jurisdictions.

-- 
Seth David Schoen [EMAIL PROTECTED] | This is a new focus for the security
 http://www.loyalty.org/~schoen/   | community. The actual user of the PC
 http://vitanuova.loyalty.org/ | [...] is the enemy.
   |  -- David Aucsmith, IDF 1999


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Re: What does disclaiming a copyright mean?

2006-04-18 Thread Andrew Donnellan
On 4/19/06, Seth David Schoen [EMAIL PROTECTED] wrote:
 Andrew Donnellan writes:

  Disclaiming a copyright means releasing into the public domain. (as in
  no copyright at all). IANAL, but looking at what the license file
  says, I would assume it to be copyrighted by Said Abdeddaim and
  released under the LGPL, but the parts written by Burkhard Morgenstern
  are PD.

 I disagree.  This paragraph is boilerplate from the GPL (in the section
 on applying the GPL's terms and conditions to your own work).  I believe
 the goal is to have a third party (like an employer) state that it does
 not have a copyright interest in a work, so that other people can rely
 more easily on the licensor's statement that the licensor licenses the
 work under the GPL.

I'll disagree further - Burkhard Morgenstern is a professor at the
University of Gottingen, and he is listed specifically as one of the
authors. If it was an employer disclaiming copyright interest,
wouldn't it be done by an authorised representative of a
company/organisation?

andrew



 The goal of the copyright disclaimer would then be to reduce uncertainty
 about whether the employer might later claim copyright (perhaps because
 the program could be considered a work made for hire or perhaps
 because the employer's contract with the employee normally gives the
 employer rights in programs written by the employee) and then try to
 apply terms inconsistent with the GPL terms to it.

 The person who issues a copyright disclaimer is not saying that there
 is no copyright -- just that he or she doesn't claim any copyright.  I
 don't know if there are court cases that interpret the effect of this
 disclaimer in various jurisdictions.

 --
 Seth David Schoen [EMAIL PROTECTED] | This is a new focus for the security
  http://www.loyalty.org/~schoen/   | community. The actual user of the PC
  http://vitanuova.loyalty.org/ | [...] is the enemy.
|  -- David Aucsmith, IDF 1999



--
Andrew Donnellan
http://andrewdonnellan.com
http://ajdlinux.blogspot.com
Jabber - [EMAIL PROTECTED]
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