Re: Effect of transfer of copyright on free software licenses?

2009-07-22 Thread Hyman Rosen
Rjack wrote: Activist federal judges who ignore Congress's clear statutory language in favor of common sense have a habit of being quickly overturned on appeal. Before the Betamax case, one would have thought that making videotape copies of TV shows was prima facie copyright violation. Don't

Re: Effect of transfer of copyright on free software licenses?

2009-07-22 Thread Hyman Rosen
Rjack wrote: You're missing the point. The GPL's goal is to purportedly replicate licenses downstream to all third parties. It is not possible for the holder of a non-exclusive license (a non-owner) to grant a *new* license downstream. http://www.fsf.org/licensing/licenses/gpl.html Each

Re: Effect of transfer of copyright on free software licenses?

2009-07-22 Thread Rjack
Hyman Rosen wrote: Rjack wrote: You're missing the point. The GPL's goal is to purportedly replicate licenses downstream to all third parties. It is not possible for the holder of a non-exclusive license (a non-owner) to grant a *new* license downstream.

Re: Effect of transfer of copyright on free software licenses?

2009-07-22 Thread Rjack
Hyman Rosen wrote: Rjack wrote: Activist federal judges who ignore Congress's clear statutory language in favor of common sense have a habit of being quickly overturned on appeal. Before the Betamax case, one would have thought that making videotape copies of TV shows was prima facie

Re: Effect of transfer of copyright on free software licenses?

2009-07-22 Thread Hyman Rosen
Rjack wrote: Just because you write something into a contract's terms doesn't make it enforceable It's not a contract, it's a license. If I want to write a license for my work that says that I give a non-exclusive grant to persons to whom I distribute, and to persons to whom they further

Re: Effect of transfer of copyright on free software licenses?

2009-07-22 Thread John Hasler
Hyman Rosen writes: That's why we're discussing the transfer issue. It's possible that a transfer of copyright to a GPL-hostile entity could cause downstream distribution to be disallowed. Well, there is promissory estoppel, of course. I would also argue that the downstream licenses are not

Re: Effect of transfer of copyright on free software licenses?

2009-07-22 Thread Tim Smith
In article %be9m.42750$ta5.28...@newsfe15.iad, Hyman Rosen hyro...@mail.com wrote: Rjack wrote: You're missing the point. The GPL's goal is to purportedly replicate licenses downstream to all third parties. It is not possible for the holder of a non-exclusive license (a non-owner) to

Re: Effect of transfer of copyright on free software licenses?

2009-07-22 Thread Rjack
Hyman Rosen wrote: Rjack wrote: Just because you write something into a contract's terms doesn't make it enforceable It's not a contract, it's a license. If I want to write a license for my work that says that I give a non-exclusive grant to persons to whom I distribute, and to persons to

Re: Effect of transfer of copyright on free software licenses?

2009-07-22 Thread Tim Smith
In article 87prbsafj6@thumper.dhh.gt.org, John Hasler j...@dhh.gt.org wrote: Hyman Rosen writes: That's why we're discussing the transfer issue. It's possible that a transfer of copyright to a GPL-hostile entity could cause downstream distribution to be disallowed. Well, there is

Re: Effect of transfer of copyright on free software licenses?

2009-07-22 Thread Hyman Rosen
Rjack wrote: 17 USC 301(a) frightens you doesn't it? Huh? Why would it frighten me? Quite the contrary, it makes it easier to talk about copyright because it usually limits the laws involved to only 17 USC, instead of having to look for various separate state laws. It doesn't require

Re: Effect of transfer of copyright on free software licenses?

2009-07-22 Thread Rjack
Hyman Rosen wrote: Rjack wrote: 17 USC 301(a) frightens you doesn't it? Huh? Why would it frighten me? Quite the contrary, it makes it easier to talk about copyright because it usually limits the laws involved to only 17 USC, instead of having to look for various separate state laws. It