Alain: It depends what they want to do with the source
code. Some of our members wish to restrict the use of
the source to non-commercial uses. Some of would
merely restrict the resale of the authoring system,
but not apply this restriction to original works that
are created with the support of our system. Still
others are against any restrictions whatsoever.
Eric Engle: Hmm. I can't say I have an opinion, all can be done - whichever
you all decide, please tell me as I cannot write the contract without this
term.
Eric Engle: I recommend that authors keep control over
their source code.
Alain: Authoring credits only? What form of control
are you suggesting?
-I was suggesting (only) that authors retain control over his or her source
code as this will encourage authors to join you. Whatever arrangement you
desire is ok by me. If you do not have a structure arranged, I would say that
encouraging persons to join, and preventing later abuse of the finished
product would be your priorities.
Eric Engle: Third Party Users : Have a license
(revocable?) to use the authoring tool to be
developed.
Alain: Can a licence be revoked arbitrarily? Or must
there necessarily be some kind of breach of the
licences clauses?
Yes, a license can be revocable (unlike the release of a ware into public
domain - once you put anything into public domain you can no longer assert a
property interest in it). The logic is that the author, as creator, has a
total right over the disposal of his creation. For example
"licensee has the right to use the software subject to revocation at the will
of the author" is perfectly legal. So to is "licensee has a license of ("X")
years, after which he must destroy the software" - again, perfectly legal.
Eric Engle: I expect authors would be reluctant to
transfer ownership of their code ...
Alain: That's what Open Source is all about, eh!
-um, no i really do not get it. You want to share the source code, ok, but do
you only want to share source code among your associates? and later
developers? or do you want to share the source code with anyone at all?
Look at it this way
metaCard openKard(or whatever) author1 author2 authorA
source code
resources
Author 1 and 2 are partners. Author A is a (later) developper.
What are the rights that you want these 5 persons to have over these
two types of code?
I think you want that author1 and 2 can read and use each others code,
and that author A can use the resources. I recommend that openKard(or
whatever) have an irrevocable license to use the resources - if you keep
ownership of the code in the hands of the creators, you'll have more creators
- no?
Which raises the hairy question of what, if any, relationship does
MetaCard have to this? Distribution? Publicity? I'm happy for their support,
but to prevent misunderstandings you really need to know exactly what they
expect/hope/want and what you expect/hope/want. I understand that they provide
the engine - fine. If that is to have a right to distribute the GUI you (we?)
develop that's ok by me, but as metaCard costs $995, and as I suppose there
are around ten potential developers, what does metaCard want for its
investment? If we / you are explicit about this that may also help coalesce
your interests and objectives and help you structure your organization.
Again, you should form a partnership after you determine who is willing to
dedicate a large chunk of time to what seems to me to be a huge project.
That said, I do think it can be done.
Alain: The most important issue for me is that I want
to be able to use our authoring system to facilitate
my own development efforts i.e. original works that I
will sell to earn my living. I don't want anyone to be
able to take me to court, arguing that my original
work is instead a derived work that I must release to
the public against my will and/or that I must share
the profits from the sale of my work and/or that I can
no longer sell my work at all.
Grant your partners an irrevocable license to create any derived works from
the authoring tool and that problem is effectively avoided.
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