On Mon, Feb 9, 2009 at 10:30 AM, Thomas Dalton <[email protected]>wrote:
> 2009/2/9 Delirium <[email protected]>: > > Thomas Dalton wrote: > >> 2009/2/7 David Gerard <[email protected]>: > >> > >>> Anyone can take any idiot question to court. That doesn't count as a > >>> reason to assume that there must therefore be a substantive reason to > >>> believe that the "or later" language doesn't apply. Nor does being > >>> unable to prove a negative. > >>> > >> > >> I don't understand what you are trying to say. Some people have > >> indicated that certain jurisdictions have laws against "or later" > >> clauses. Experts in the laws of these jurisdictions should be asked to > >> determine the truth. > > At the very least, it seems to empirically not be a problem. The GPL has > > included the "or later" language since it was first published in 1989, > > and has since gone through two updates (the first in 1991), without, as > > far as I can find, a single ruling invalidating that language. And > > GPL-licensed stuff has *much* more extensive worldwide commercial reuse > > than Wikimedia content does. > > Have any of the updates been as drastic as the latest? Was there > anything in the previous updates that anyone would be likely to object > to? Put another way, has there ever been a case which validated the concept? In what jurisdictions? I highly doubt there is a case where a company has successfully defended against a prima facie case of copyright infringement based on a non-explicit click-through agreement between the author and a third party, the agreement which allegedly licenses the work under a license which doesn't yet exist at the time of the agreement and which later claims to allow republication under a different license which also doesn't yet exist at the time of the agreement. Thus, the doubt. But feel free to try to connect the dots more clearly than I just did. If Wikimedia goes through with a board resolution to allow this relicensing, you claim that every company in the world has a license to use my contributions from 2005 under CC-BY-SA 3.0 Unported. Please explain. _______________________________________________ foundation-l mailing list [email protected] Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
