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

[Rjack]

Tim Smith wrote:
> Suppose I create a copyrighted work. I release it under a license
> such as GPLv2. You use it, in a way that requires permission of the
> copyright holder, but is in accord with GPLv2, so you are OK.
>
> Suppose now that I transfer the copyright to someone else.
>
> Do you now have something to worry about if the copyright assignee
>  wishes to stop you from copying, modifying, and distributing the 
> software?
>
> The GPL is meant to be a bare license, not a contract, but doesn't
> that mean it provides no protection if the ownership of the work
> changes?

You snooze, you lose:

"§ 205. Recordation of transfers and other documents

(e) Priority between Conflicting Transfer of Ownership and
Nonexclusive License. — A nonexclusive license, whether recorded or
not, prevails over a conflicting transfer of copyright ownership if
the license is evidenced by a written instrument signed by the owner
of the rights licensed or such owner's duly authorized agent, and if

(1) the license was taken before execution of the transfer; or

(2) the license was taken in good faith before recordation of the
transfer and without notice of it."

The GPL is *not* a nonexclusive license signed by the owner.

Sincerely,
Rjack