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

From: Rjack
Subject: Re: Effect of transfer of copyright on free software licenses?
Date: Tue, 21 Jul 2009 20:46:43 -0400
User-agent: Thunderbird (Windows/20090605)

Hyman Rosen wrote:
Rjack wrote:
Now which of those six enumerated rights gives the copyright
owner the exclusive right to authorize third parties "to

Who is trying to "authorize to authorize", that your question would
be relevant?

Who gives a rat's ass about source code that is immutable and
can't be copied, modified and distributed? 17 USC sec. 205(e)
clearly states the GPL license isn't "perpetual" since it's an
*unsigned* license.

17 USC 205(e) deals with conflicting transfers. There is no need
for a signed license in the absence of a conflicting transfer.
GPLv3 is perpetual because it says so, except for the author's 17
USC 203 termination rights, which cannot be disclaimed.

Huh? Might be? MIGHT BE???????????????????????????

Yes. Might be. The notion of open licenses that allow downstream copying and distribution of copyrighted works provided certain conditions are met wasn't widespread when this law was written. Judges have a habit of applying common sense interpretations to circumstances.

Activist federal judges who ignore Congress's clear statutory language
in favor of "common sense" have a habit of being quickly overturned on
appeal. You're tilting at windmills Hymen.

Your favorite but invalidly applied legal premise of promissory
estoppel may be relevant too. At this point, I think the only safe
conclusion is that no one knows what would happen.

Promissory estoppel enforces existing promises it doesn't grant
enforcement of *new* promises. Silly Rabbit! Tricks are for kids.

We know what you would like to happen, but that doesn't matter.


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