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- Newsgroups: gnu.misc.discuss,talk.philosophy.misc,misc.legal
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!darwin.sura.net!news.udel.edu!me.udel.edu!johnston
- From: johnston@me.udel.edu (Bill Johnston)
- Subject: Re: Fund raising at the FSF
- Message-ID: <C0K4xx.Cos@news.udel.edu>
- Sender: usenet@news.udel.edu
- Nntp-Posting-Host: me.udel.edu
- Organization: University of Delaware
- References: <1993Jan8.115714.19103@husc3.harvard.edu> <C0Jtvr.Bsr@news.udel.edu> <1993Jan8.143028.19112@husc3.harvard.edu>
- Date: Fri, 8 Jan 1993 22:53:56 GMT
- Lines: 101
-
- In article <1993Jan8.143028.19112@husc3.harvard.edu> zeleny@husc10.harvard.edu (Michael Zeleny) writes:
- >In article <C0Jtvr.Bsr@news.udel.edu>
- >johnston@me.udel.edu (Bill Johnston) writes:
-
- >Note that "Paragraph 5", as distinct from "paragraph 5", refers to the
- >corresponding item of the Terms and Conditions, rather than the
- >Preamble.
-
- [...]
-
- >________________________________
- >
- > 5. You may not copy, modify, sublicense, distribute or transfer
- > the Program except as expressly provided under this General
- > Public License. .....
- >
- >________________________________
-
- This statement expresses one of several "terms and conditions
- for copying, distribution and modification" set forth by the
- "licensor" (aka "owner", or "copyright holder") which describe
- and limit the rights of licensees. It does not describe or limit
- the rights of the licensor.
-
- Moreover, it is made in the name of the "copyright holder"/owner
- by virtue of the fact that said individual "owns" the code;
- if this were not so, the licensor would have no right or
- power to set "terms and conditions" in the first place.
-
- >MZ:
- >>>The
- >>>question is precisely, to what extent the GPL attempts to supersede the
- >>>legal ownership rights attached to the copyright; I shall not presume to
- >>>judge the extent of its success in this attempt.
- >
- >BJ:
- >>The answer, precisely, is "none".
- >
- >Nonsense. Insofar as, under Paragraph 3 of the selfsame GPL, "the
- >Program" clearly covers the derived works, which may be copyrighted in
- >their author's mame, the answer is "conclusively and irrevocably".
- >Please read the text more carefully next time.
-
- Whether or not a "derived work" is copyrighted in the name of
- the original author, or jointly in the names of each individual
- who contributes a snippet, is a matter separate from the question
- of licensing. The GPL requires only that derived works be
- licensed under the same terms as the original. It does not
- require that any author surrender ownership in the portion of
- the work that he or she contributes.
-
- For example, I can modify emacs, and attach a copyright notice
- to the source code snippet that is my contribution, provided
- that I license my modified emacs under the GPL if I choose to
- distribute copies to others. Furthermore, I can distribute
- the aggregate with an overall copyright notice that says:
-
- Bill's Modified Emacs
- (c) Free Software Foundation 19xx
- Portions (c) Bill Johnston 19yy
-
- etc.
-
- The inclusion of the word "Portions" in the above would only
- reflect modesty about the extent of my contribution. I could
- say the same about the "portion" copyrighted by FSF.
-
- My right as copyright holder to separately release my original
- code under my own terms is unaffected by the GPL.
-
- >BJ:
- >>To paraphrase two earlier bits from Mr. Zeleny's contribution
- >>to this discussion:
- >>
- >> 1) Now would be a good time for Mr. Zeleny to admit his error.
- >>
- >> 2) Are you going to be a man or a mouse about it, Mr. Zeleny?
- >>
- >>Please note that I am not accusing you Mr. Zeleny of "prevaricating"
- >>in repeatedly making false statements about the GPL; I merely
- >>point out his error. Readers can draw their own conclusions.
- >
- >It looks like your strategy backfired once again. The error is yours;
- >will you admit it? Note that this time I am not accusing you of lying,
- >but assuming that you are merely being careless.
-
- My only error was in guessing what you meant by "Paragraph 5",
- which has more to do with your failure to be explicit - despite
- repeated invitations from others to do so - than it does with
- carelessness on my part.
-
- The remainder of my argument in <<C0Jtvr.Bsr@news.udel.edu> offered
- sufficient proof -- which you did not attempt to refute except by
- irrelevant counter-example -- that the application of the the GPL to
- one's work does not result in transfer of ownership of said work
- to the Free Software Foundation. Period.
-
- Now you have yet another sufficient demonstration of your error.
- --
- -- Bill Johnston (johnston@me.udel.edu)
- -- 38 Chambers Street; Newark, DE 19711; (302)368-1949
-