3) Grant of Source Code License. The term Source Code means the
preferred form of the Original Work for making modifications to it and
all available documentation describing how to access and modify the
Original Work.
access is not well-defined.
Is your intent to compel book publishers to
The GPL folks think it is sufficient. I don't agree,
but I'm not
a judge nor am I your lawyer. :-)
I do not believe I have the right to make unauthorized copies or
derivative works of GPL-licensed software. Just in case
it's needed,
the previous sentence is a
3) Grant of Source Code License. The term Source Code means the
preferred form of the Original Work for making
modifications to it and
all available documentation describing how to access and modify the
Original Work.
access is not well-defined.
Is your intent to compel book
The GPL folks think it is sufficient. I don't agree,
but I'm not
a judge nor am I your lawyer. :-)
I do not believe I have the right to make unauthorized copies or
derivative works of GPL-licensed software. Just in case
it's needed,
the previous sentence is a
Lawrence E. Rosen [EMAIL PROTECTED] wrote in part:
3) Grant of Source Code License. The term Source Code means the
preferred form of the Original Work for making
modifications to it and
all available documentation describing how to access and modify the
Original Work.
I've been following this discussion with interest. Since some of it is
generated at least in part by Sybase's submission of a license for OSI
certification (which is based on the OSI-approved Apple Public License,
with the addition of a click-wrap structure as a preferred alternative and
a few
My Linux Journal article on Manifestation of Assent is intentionally
license-neutral. But for those of you who want to continue the legal
discussion just among us present at license-discuss, here's what the
Open Software License (OSL) currently says about the issue:
9) Acceptance and
[EMAIL PROTECTED] writes:
1. Use Restrictions. It is not Sybase's intent (by use of a clickwrap
format or otherwise) to restrict the use of the software for any purpose.
Right. That's a different but related issue.
1) if there's no contract, there cannot possibly be any restrictions.
2)
Larry,
See below for comments. Please find my responses inserted in the
existing text.
Abe.
B) Copyrights of Modifications to be passed to Copyright Holder.
Found no mention of such a requirement in the OSL.
The requirement that downstream licensees who modify the software
I took it to mean any technical documentation which is provided by a
licensor, which may make the source code more accessible to a licensee.
Then you would be compelled to provide such documentation as was provided to
you when you received your copy of the source code. So, access in the
sense of
Then, Forrest's question: what about a book that isn't a
derivative work? Could contract law and some technically
inept judge compell the book publisher to release the book's
source code (DocBook / TeX / whatever) under OSL?
Not if it ain't a Derivative Work, I'd say.
On the other hand,
Lawrence E. Rosen [EMAIL PROTECTED] wrote in part:
Then, Forrest's question: what about a book that isn't a
derivative work? Could contract law and some technically
inept judge compell the book publisher to release the book's
source code (DocBook / TeX / whatever) under OSL?
Not if
Larry wrote, in part:
Not if it ain't a Derivative Work, I'd say.
Does OSL 1.1 1(c) with paragraph 3 require distribution
of derivative works or not?
Paragraph 3 mentions Original Work, not Original
and Derivative Works. So it seems not.
(Larry said...)
Not if it ain't a Derivative Work, I'd say.
...
What do you think?
I think the same. Common sense tells me that a book that isn't a derivative
work should be outside the scope of the contract. This concept is probably
non-technical enough that even a judge would be able to
Terrific explanation! Thanks.
Rod
Rod Dixon
Visiting Assistant Professor of Law
Rutgers University Law School - Camden
[EMAIL PROTECTED]
http://www.cyberspaces.org/dixon/
My papers on the Social Science Research Network (SSRN) are available
through the following url:
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