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Re: Help to pick a license for my free source code project


From: Alexander Terekhov
Subject: Re: Help to pick a license for my free source code project
Date: Wed, 17 Oct 2007 09:42:20 +0200

Rui Miguel Silva Seabra wrote:
> 
> It's actually so factually wrong that it can only have been written
> by people who are agains Free Software, and want to spread disinformation.

Hey lying crackpot mini-RMS, why don't simply quote *your* Portuguese 
*Civil Code* or perhaps some Portugal court decision establishing that 
intellectual property licenses "aren't contracts"? All Civil Codes 
nowadays are pretty uniform regarding intellectual property: 

Intellectual Property Agency of Sunny Armenia, for example, kindly let 
visitors know the following about Armenian Civil Code...

http://www.aipa.am/en/legislation/37/

------
Civil Code (Section10)

Section 10 - Intellectual Property
Chapter 62 - General Provisions
Chapter 63 - Copyright
Chapter 64 - Neighboring Rights
Chapter 65 - Right to an Invention, Utility Model, or Industrial Design
Chapter 66 - Rights to New Varieties of Plants and New Breeds of Animals
Chapter 67 - Right to the Topology of Integrated Microcircuits
Chapter 68 - Right to Protection of Undisclosed Information From Illegal Use
Chapter 69 - Means of Individualization of Participants in Civil
Commerce, of Goods, and of Services

Chapter 62: General Provisions

Article 1106. Licensing Contract

1.Under a licensing contract the party holding an exclusive right to
the result of intellectual activity or to a means of individualization
(the licensor) grants the other party (the licensee) permission to use
the respective object of intellectual property.

2.A licensing contract is presumed to be for compensation. The amount
of remuneration and/or the procedure for determining the amount of
remuneration and the time periods for its payment must be established
in the licensing contract.

3.The licensing contract must define the rights given, the limits and
the time periods for their use.

4. A licensing contract may provide for giving to the licensee:
1) the rights of use of the object of intellectual property with the
retaining by the licensor of the right of use and the right of giving
licenses to other persons (a simple, nonexclusive license);
2) the rights of use of the object of intellectual property with the
retaining by the licensor of the right of use, but without retaining
the right of giving licenses to other persons (an exclusive license);
3) other types of license allowed by statute.

Unless provided otherwise in the licensing contract, a license is
presumed to be simple (nonexclusive).

5.A contract on the provision by the licensor of the right of use of
an object of intellectual property to another person is a sublicensing
contract. The licensor has the right to conclude a sublicensing
contract only in cases provided by the licensing contract.
------

They only screwed up english translation of 5th paragraph. Original
Russian version says "licensee" not "licensor". The act of 
sublicensing is what happens when a licensee becomes a licensor to 
some other party by granting some or all of the rights that they 
received as a licensee.  

regards,
alexander.

--
"The revolution might take significantly longer than anticipated."

                                     -- The GNU Monk Harald Welte


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