On Dec 15, 2008, "Ricardo Bánffy" <rban...@gmail.com> wrote:
> Eu poderia, por exemplo, enviar uma procuração nomeando a FSF meu
> representante legal sobre tudo o que for relacionado ao copyright de
> determinado programa?
Não sei, só perguntando da FSF.
> Isso parece um pouco mais amistoso do que simplesmente abrir mão do
Qual a diferença, na sua opinião?
Para ajudar a embasar sua opinião, seguem os termos de um contrato de
transferência de direitos que assinei junto com a FSF há muitos anos,
para um programa que eu comecei a desenvolver.
Creio que os termos do contrato tenham evoluído desde então, e esse
era um dentre vários contratos possíveis, por isso por favor não o
utilizem para mandar nada para a FSF. O procedimento é entrar em
contato e manifestar seu interesse para iniciar as negociações a
respeito. Os detalhes, embora normalmente relativamente padronizados,
vêm depois de responder a algumas questões.
For good and valuable consideration, receipt of which I
acknowledge, I, Alexandre Oliva, hereby transfer to the Free Software
Foundation, Inc. (the "Foundation") my entire right, title, and
interest (including all rights under copyright) in my computer program
___________ (the "Program"), subject to the conditions below. The work
hereby assigned shall further include any future changes and/or
enhancements hereafter made by me.
Upon thirty days' prior written notice, the Foundation agrees to grant me
non-exclusive rights to use the Program as I see fit; (and the Foundation's
rights shall otherwise continue unchanged).
For the purposes of this contract, a work "based on the Program" means any
work that in whole or in part incorporates or is derived from all or part of
The Foundation promises that all distribution of the Program, or of any
work "based on the Program", that takes place under the control of the
Foundation or its agents or assignees, shall be on terms that explicitly and
perpetually permit anyone possessing a copy of the work to which the terms
apply, and possessing accurate notice of these terms, to redistribute copies
of the work to anyone on the same terms. These terms shall not restrict which
members of the public copies may be distributed to. These terms shall not
require a member of the public to pay any royalty to the Foundation or to
anyone else for any permitted use of the work they apply to, or to communicate
with the Foundation or its agents in any way either when redistribution is
performed or on any other occasion.
The Foundation promises that any program "based on the Program" offered to
the public by the Foundation or its agents or assignees shall be offered in
the form of machine-readable source code, in addition to any other forms of
the Foundation's choosing. However, the Foundation is free to choose at its
convenience the media of distribution for machine-readable source code.
The Foundation promises to give or send me, upon reasonable prior notice
and payment of a fee no more than twenty times the cost of the necessary
materials and postage, a copy of any or all of the works "based on the
Program" that it offers to the public or that it has offered within the past
six months, or that it distributed for the first time within the past six
months. For works that are programs, the machine-readable source code shall
be included. My request shall detail whether I wish to receive all such works
or specific works. My choice of works to request may affect the cost and
therefore the fee.
I hereby agree that if I have or acquire hereafter any patent or
interface copyright or other intellectual property interest dominating the
Program (or use of the same), such dominating interest will not be used to
undermine the effect of this assignment, i.e. the Foundation and the
general public will be licensed to use, in the Program and its derivative
works, without royalty or limitation, the subject matter of the dominating
interest. This license provision will be binding on my heirs, assignees,
or other successors to the dominating interest, as well as on me.
I hereby represent and warrant that I am the sole copyright holder for the
Program and that I have the right and power to enter into this contract. I
hereby indemnify and hold harmless the Foundation, its officers, employees,
and agents against any and all claims, actions or damages (including
attorney's reasonable fees) asserted by or paid to any party on account of a
breach or alleged breach of the foregoing warranty. I make no other express
or implied warranty (including without limitation, in this disclaimer of
warranty, any warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE).
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
You must be the change you wish to see in the world. -- Gandhi
Be Free! -- http://FSFLA.org/ FSF Latin America board member
Free Software Evangelist Red Hat Brazil Compiler Engineer
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