Re: [License-discuss] Can copyrights be abandoned to the public domain?

2012-08-18 Thread John Cowan
Russ Nelson scripsit:

 And yet we know that bridges collapse. Is it reasonable to take steps
 against bridges collapsing? We (mostly) don't build bridges out of
 wood (software from moral rights countries), but instead out of steel
 and concrete (countries where people cannot retroactively change the
 license on open source software).

Has anyone tried to revoke their (or their predecessor's) license
and lost in court?  I think not.  Indeed the Raymond/Olanich paper
at http://www.catb.org/esr/Licensing-HOWTO.html#changing discusses
changing the license on OSS, which of course involves revoking the
previous license.

-- 
Using RELAX NG compact syntax toJohn Cowan co...@ccil.org
develop schemas is one of the simplehttp://www.ccil.org/~cowan
pleasures in life
--Jeni Tennison co...@ccil.org
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Re: [License-discuss] Can copyrights be abandoned to the public domain?

2012-08-18 Thread Chris Travers
On Fri, Aug 17, 2012 at 10:05 AM, Lawrence Rosen lro...@rosenlaw.comwrote:

 [This email best viewed in HTML format]

 ** **

 Hi Ben,

 ** **

 It would be difficult for Linus Torvalds to complain about porn when he
 intentionally released an operating system that is so ideally suited for
 the delivery of porn. It would be like Michelangelo complaining because
 derivatives of his statue of David revealed some private parts.



IANAL, but the intent of moral rights is to provide for the author's
reputation for his or her work and to ensure that the author maintains some
control over how the image of the work is maintained.  For a practical tool
this strikes me as somewhat of a mismatch just like protecting software as
expression is a bit of a mismatch.

For example, I don't know how Linus's moral rights would be interfered with
if nobody knew that a specific porn site was being hosted on a service
using the Linux kernel, although he'd seem to have a right to ask them to
display a powered by Linux logo or refuse to let them use such a logo.

Best Wishes,
Chris Travers
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Re: [License-discuss] Can copyrights be abandoned to the public domain?

2012-08-18 Thread Russ Nelson
John Cowan writes:
  Russ Nelson scripsit:
  
   And yet we know that bridges collapse. Is it reasonable to take steps
   against bridges collapsing? We (mostly) don't build bridges out of
   wood (software from moral rights countries), but instead out of steel
   and concrete (countries where people cannot retroactively change the
   license on open source software).
  
  Has anyone tried to revoke their (or their predecessor's) license
  and lost in court?

That's something different. I know that there's a theory which says
that copyright permissions, even if granted irrevokably, can be
withdrawn. That's not what I'm talking about here. I'm talking about
moral rights, where you can put something under an open source license
which (at least in our theory) allow changes without limit and yet the
law of the country where moral rights exist allows the copyright
holder to *prohibit* changes without limit.

I hear a lot of whistling past the graveyard here. As people point
out, it's never happened yet, and so it never will happen. Not a cause
for concern; move along, nothing to see here.

-- 
--my blog is athttp://blog.russnelson.com
Crynwr supports open source software
521 Pleasant Valley Rd. | +1 315-600-8815
Potsdam, NY 13676-3213  | Sheepdog   
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Re: [License-discuss] Can copyrights be abandoned to the public domain?

2012-08-18 Thread Lawrence Rosen
Russ Nelson wrote:
 I hear a lot of whistling past the graveyard here. As people point out,
 it's never happened yet, and so it never will happen. Not a cause for 
 concern; move along, nothing to see here.

Russ, among the things I worry about in FOSS, moral rights are among the
least worrisome. I'd almost welcome litigation about this issue so that we
can expunge morality from software. 

If you want to worry about copyright law, consider 17 USC 203. [1] Tell me
what you experience as you drive over that bridge

/Larry

[1] http://www.law.cornell.edu/uscode/text/17/203 

Lawrence Rosen
Rosenlaw  Einschlag, a technology law firm (www.rosenlaw.com)
3001 King Ranch Rd., Ukiah, CA 95482
Office: 707-485-1242


-Original Message-
From: Russ Nelson [mailto:nel...@crynwr.com] 
Sent: Saturday, August 18, 2012 7:32 AM
To: license-discuss@opensource.org
Subject: Re: [License-discuss] Can copyrights be abandoned to the public
domain?

John Cowan writes:
  Russ Nelson scripsit:
 
   And yet we know that bridges collapse. Is it reasonable to take steps
  against bridges collapsing? We (mostly) don't build bridges out of   
wood (software from moral rights countries), but instead out of steel   
and concrete (countries where people cannot retroactively change the   
license on open source software).
 
  Has anyone tried to revoke their (or their predecessor's) license   and
lost in court?

That's something different. I know that there's a theory which says that
copyright permissions, even if granted irrevokably, can be withdrawn.
That's not what I'm talking about here. I'm talking about moral rights,
where you can put something under an open source license which (at least in
our theory) allow changes without limit and yet the law of the country where
moral rights exist allows the copyright holder to *prohibit* changes without
limit.

I hear a lot of whistling past the graveyard here. As people point out, it's
never happened yet, and so it never will happen. Not a cause for concern;
move along, nothing to see here.

-- 
--my blog is athttp://blog.russnelson.com
Crynwr supports open source software
521 Pleasant Valley Rd. | +1 315-600-8815
Potsdam, NY 13676-3213  | Sheepdog   
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Re: [License-discuss] Can copyrights be abandoned to the public domain?

2012-08-18 Thread Russ Nelson
Lawrence Rosen writes:
  If you want to worry about copyright law, consider 17 USC 203. [1] Tell me
  what you experience as you drive over that bridge

I'll tell you in 35 years.

-- 
--my blog is athttp://blog.russnelson.com
Crynwr supports open source software
521 Pleasant Valley Rd. | +1 315-600-8815
Potsdam, NY 13676-3213  | Sheepdog   
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