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Re: Bye - Bye , open source derivative works litigation


From: JEDIDIAH
Subject: Re: Bye - Bye , open source derivative works litigation
Date: Thu, 11 Feb 2010 15:25:32 -0600
User-agent: slrn/pre1.0.0-11 (Linux)

On 2010-02-11, Alexander Terekhov <terekhov@web.de> wrote:
>
>
>
> Snit wrote:
>> 
>> Hyman Rosen stated in post B4Zcn.76921$JE2.9456@newsfe09.iad on 2/11/10
>> 12:42 PM:
>> 
>> > On 2/11/2010 2:37 PM, Alexander Terekhov wrote:
>> >> A joint work can be created without any license at all.
>> >
>> > But when there is a license, the presumption is
>> > that the license states the terms.
>> >
>> >> The GPL doesn't have to say anything about joint works
>> >> (just like in the case of no license at all) for a joint
>> >> work created that is available to non-coauthors under the
>> >> GPL. Coauthors don't need any non-exclusive license --
>> >> they have exclusive ownership!!!
>> >
>> > They cannot be co-authors except as they accept the GPL,
>> > because they otherwise have no permission to create a
>> > derivative work from GPL-licensed code.
>> 
>> Their freedom is limited.
>
> The GPL seeks to deny creators of contributions forming derivative work
> their copyright ownership in the sense that contributors are purportedly

    There is no "ownership" in derivative works.

[deletia]

    Derivative works are the exclusive monopoly of the author of the original
work you're trying to mooch off of. The GPL isn't creating any "restrictive
condition" that doesn't already exist in it's absence.

-- 
       Unfortunately, the universe will not conform itself to 
your fantasies. You have to manage based on what really happens        |||
rather than what you would like to happen. This is true of personal   / | \
affairs, government and business.



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