Thanks all for this very informative thread!
Best regards,
Bart
P Kishor wrote:
On Tue, Dec 9, 2008 at 2:33 PM, Frank Warmerdam <[EMAIL PROTECTED]> wrote:
P Kishor wrote:
Any right is only as good as its defense in the court. Just because
reputable IP lawyers may draft copyright assignments in works that
don't yet exist doesn't mean that actual copyrights in those works
exist.
Puneet,
I don't claim that the copyright exists before the thing being
copyrighted exists. Only that it is possible to write a contract
that grants that copyright in advance of it actually existing.
The actual assignment for each chunk presumably takes place as
it is created and the copyright comes into existance.
I am doubtful that this tangent is really important to the question of
whether these folks can assign the copyright of their work-to-come to
OSGeo.
Yes, you are correct in stating that a contract can be written
granting rights in one's future work to someone else. That is how
"work-for-hire" works, for example.
You and I were indeed talking slightly past each other. I interpreted
Bart's question at face value -- can "OsGeo to take copyright for a
project which yet has to form." The answer is "no." There are no
rights yet, so nothing can be taken. On the other hand, can a creator
of a work give up one's rights in future work to OSGeo? Sure, based on
a contract, one can.
Regards,
--
Puneet Kishor
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--
Bart van den Eijnden
OSGIS, Open Source GIS
[EMAIL PROTECTED]
http://www.osgis.nl
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