Hey-
Bart van den Eijnden (OSGIS) wrote:
Thanks all for this very informative thread!
Best regards,
Bart
Bart, thanks for raising the question - and to others for responses.
Here is a bit more based on conversation on #osgeo.
When asked under what conditions the OSGeo would accept copyright
assignment, Frank mentioned that if an existing OSGeo project were to
take responsibility for a "sub project" (looking for better words), it
would make more sense for the OSGeo to accept some responsibility
(accepting copyright).
When I followed up by expressing confusion about exactly what an
existing project PSC would agree to (in this case, the OpenLayers PSC),
this followed:
(01:39:40 PM) tschaub: I still wonder exactly what the ol psc would agree to
(01:40:44 PM) FrankW: You would presumably ask them to accept
responsibility for the code with the caveat that the copyright would be
assigned to OSGeo, not metacarta and it would be best if you present the
copyright assignment or contributor agreement you want to use in the
motion to the OL PSC.
(01:41:20 PM) FrankW: You might also write into the motion that the OL
PSC would attempt to defer to the GeoExt PSC (or equiv) with regard to
issues about that GeoExt code.
Hope that appropriately characterizes the discussion.
Tim
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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--
Tim Schaub
OpenGeo - http://opengeo.org
Expert service straight from the developers.
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