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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: Wed, 22 Jul 2009 10:33:17 -0400
User-agent: Thunderbird (Windows/20090605)

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.

<> Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License.

Just because you write something into a contract's terms doesn't
make it enforceable Hyman. Just because you say it is don't make it so.

Ummmmm... "automatic" future contract formation without privity that
is controlled by an existing "License" and its terms. That's just a
new copyright law. Dig deep in your rhetorical repertoire and dismiss
17 USC 301(a) and pretend that it's not Congress's unique prerogative
to write new copyright law.

If you can ignore 17 USC 301(a) why not also just ignore the rest of
the Copyright Act?

That's why we're discussing the effect of copyright transfer to begin with.

17 USC 205 concerns *existing* non-exclusive licenses and not
purported future *new* licenses "downstream". Only the owner of
copyright can grant a new license -- it's an *exclusive* right.

The GPL is harmless (other than SFLC harassment) because it's legally
unenforceable. That's why Micro$oft is releasing code under the GPL.
The Vole is ROFL at "Free Software".

Embrace, Extend, Extinguish. Bye Bye.


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