Erik Trimble <[email protected]> wrote:

> > In the European Copyright law as well as in the US Copyright law, you need
> > to have a decsion that get's a majority of the contribution (not from lines
> > but from Copyright relevant creation) and all contributors with more than
> > aprox. 5% contributions need to vote for the change.
> >
> > I cannot speak for GNOME, but for e.g. the Linux kernel, you would need
> > much less than 50 pro votes.
> >
> > Jörg
> >
> >    
> That's not true for US Law.  I went through this process awhile ago for 
> some textual material (a compilation book), and several US IP Lawyers 
> were very much in agreement that *every* author had to give explicit 
> permission to publish or change anything that they owned copyright on.  
> The US doesn't have any concept of "abandonware" or "community rights" 
> to a copyright.  The author has full ownership of the work, and the only 
> non-authorized use of such a work is in the very narrow statutory 
> exemptions (commonly called "fair use").  Relicensing without explicit 
> permission would be a very cut-and-dried lawsuit win for the aggrieved 
> author of the relicensed work here in the US.

Ask Simon Phipps.... He told me that there is a paper from Eric Raymonds wife 
(who is a lawyer) that confirms my statement.

The background in the European law is that a minor contributor does not get
the right to control the "way of marketing" and the coice of the license
is (in a OSS project) the "way of marketing". Minor contributors only have 
the right to receive a fractional part of the revenue from marketing the
software but cannot control how this is done. 

Jörg

-- 
 EMail:[email protected] (home) Jörg Schilling D-13353 Berlin
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       [email protected] (work) Blog: 
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