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- From: zeleny@husc10.harvard.edu (Mikhail Zeleny)
- Newsgroups: gnu.misc.discuss,talk.philosophy.misc,misc.legal
- Subject: Re: Fund raising at the FSF
- Message-ID: <1993Jan8.222849.19131@husc3.harvard.edu>
- Date: 9 Jan 93 03:28:47 GMT
- Article-I.D.: husc3.1993Jan8.222849.19131
- References: <C0Jtvr.Bsr@news.udel.edu> <1993Jan8.143028.19112@husc3.harvard.edu> <C0K4xx.Cos@news.udel.edu>
- Organization: The Phallogocentric Cabal
- Lines: 164
- Nntp-Posting-Host: husc10.harvard.edu
-
- In article <C0K4xx.Cos@news.udel.edu>
- johnston@me.udel.edu (Bill Johnston) writes:
-
- >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:
-
- MZ:
- >>Note that "Paragraph 5", as distinct from "paragraph 5", refers to the
- >>corresponding item of the Terms and Conditions, rather than the
- >>Preamble.
-
- >[...]
-
- MZ:
- >>________________________________
- >>
- >> 5. You may not copy, modify, sublicense, distribute or transfer
- >> the Program except as expressly provided under this General
- >> Public License. .....
- >>
- >>________________________________
-
- BJ:
- >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.
-
- This would have been a good distinction, had it been borne out by the
- text of the GPL. Alas, it is not. While the term "licensor" occurs
- in the statement of Version 1, Paragraph 7, the text does not in any
- way suggest that the right of the licensor is in any way different
- from the right of the licensee, as constrained by Paragraph 5.
-
- RJ:
- >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.
-
- Not so fast. The copyright owner's right *before* licensing his work
- under the GPL, does not have to remain unrestricted by the licensing,
- so as to remain the same afterwards. In fact, all evidence I have
- adduced so far, suggests that this is not the case.
-
- 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".
-
- MZ:
- >>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 name, the answer is "conclusively and irrevocably".
- >>Please read the text more carefully next time.
-
- BJ:
- >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.
-
- So far, so good.
-
- BJ:
- > It does not
- >require that any author surrender ownership in the portion of
- >the work that he or she contributes.
-
- Not so. Insofar as Paragraph 3 of the GPL explicitly regulates the
- terms of *all* copying and modification, and insofar as the selfsame
- license fails to make an exception from its provisions for the
- copyright owner, his ownership is abrogated precisely to the extent
- rights are regulated along with everyone else. The sole exception to
- this regulation is, unsurprisingly, constituted by the FSF, which in
- accordance with the Paragraph 8, is allowed to modify the GPL at will.
-
- BJ:
- >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.
-
- Note that, so far, all the evidence you have adduced in support of
- this claim, has been limited to pronouncements made on your own
- authority, and not in any way related to the text of 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.
-
- MZ:
- >>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.
-
- BJ:
- >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.
-
- My reference was made in accordance with the conventions used within
- the text of the GPL. How much more explicit do you want it to be?
-
- BJ:
- >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.
-
- Sorry, but I do not find proof by appeal to your own authority to be
- terribly convincing, particularly in this case.
-
- BJ:
- >Now you have yet another sufficient demonstration of your error.
-
- Clearly, our standards of sufficient warrant differ. I am happy to
- note that my own assertions are made in accordance with the commonly
- accepted practices of textual analysis. However, as I said on several
- past occasions, I am prepared to stand corrected by a legal scholar,
- or even another conscientious reader. Alas, you fail to make the
- grade on either count.
-
- >--
- >-- Bill Johnston (johnston@me.udel.edu)
- >-- 38 Chambers Street; Newark, DE 19711; (302)368-1949
-
- cordially,
- mikhail zeleny@husc.harvard.edu
- "Les beaulx bastisseurs nouveaulx de pierres mortes ne sont escriptz
- en mon livre de vie. Je ne bastis que pierres vives: ce sont hommes."
-