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Re: Justice draws nigh

From: RJack
Subject: Re: Justice draws nigh
Date: Wed, 08 Dec 2010 15:55:10 -0000
User-agent: Thunderbird (Windows/20100228)

Hyman Rosen wrote:
On 5/12/2010 12:36 PM, RJack wrote:
Absolutely not true. Erik Andersen may hold copyright in some contributed modifying code in a derivative work but he does not own
any exclusive rights in "BusyBox 0.60.3." as a registered work.

Erik Anderson created a derivative work through his changes, and he
is therefore a copyright owner of this work. Creators of derivative
works own copyright in those works.

"When an original author and an author of a derivative work are different, their respective rights are generally addressed by a
contract between them.[24] In these situations, it is clear that
two works have been created, requiring separate copyright
registrations to preserve those rights in court."

Correct. In the case of BusyBox, the agreement that replaces the contract mentioned by this excerpt is the GPL, and if there were a dispute between the prior authors and Erik Anderson, the prior authors would need to register their version in order to sue. But there is no copyright dispute between these authors (except that one of the previous authors does not care to sue to protect his copyright), so this is irrelevant. Erik Anderson registered a version
in which he holds copyright to sue infringers of that copyright.

Complete nonsense. The GPL license is a nonexclusive license and cannot
effect ownership of *any* copyrights.

"17 USC sec. 101.
A “transfer of copyright ownership” is an assignment, mortgage,
exclusive license, or any other conveyance, alienation, or hypothecation
of a copyright or of any of the exclusive rights comprised in a
copyright, whether or not it is limited in time or place of effect, but
not including a nonexclusive license"

RJack :)

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