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Re: Bye - Bye , open source derivative works litigation

From: RJack
Subject: Re: Bye - Bye , open source derivative works litigation
Date: Wed, 10 Feb 2010 16:39:17 -0500
User-agent: Thunderbird (Windows/20090812)

Alexander Terekhov wrote:
You don't understand, Hyman.

The idea is that by doing a few modifying and copyrightable changes into
a "single program" in response to the GPL offer one becomes a joint
copyright owner of the entire work "as a whole" and can rightfully
license that entire work (with 'as a whole' as 'defined' and intended by
the GPL) in disrespect of the GPL. It's jujitsu against jujitsu, if you
like. Copyleft against copyright? The copyright can fire back in jujitsu
mode much better!

"17 USC Sec. 101 -- A “joint work” is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole."

Every developer who contributes source code to the Linux kernel unquestionably does so with the the intention that his source code become an "interdependent part" of the Linux kernel "as a whole" (dak or hyman might argue that the contributions are offered so they won't work
with the rest of the kernel code but that's a minority veiw). Any
developer whose code appears in the Linux kernel is obviously a joint
owner. Ahh... a thousand joint owners of the Linux kernel -- I'll bet
Linus loves that fact.

"The Captain's scared them out of the water!"


RJack :)

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