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- Xref: sparky gnu.misc.discuss:4341 talk.philosophy.misc:3237 misc.legal:22277
- Path: sparky!uunet!think.com!barmar
- From: barmar@think.com (Barry Margolin)
- Newsgroups: gnu.misc.discuss,talk.philosophy.misc,misc.legal
- Subject: Re: Fund raising at the FSF
- Date: 9 Jan 1993 14:01:09 GMT
- Organization: Thinking Machines Corporation, Cambridge MA, USA
- Lines: 50
- Message-ID: <1imlr5INN2tu@early-bird.think.com>
- References: <1993Jan7.202709.19083@husc3.harvard.edu> <1iindhINNfu5@agate.berkeley.edu> <1993Jan7.230129.19091@husc3.harvard.edu>
- NNTP-Posting-Host: gandalf.think.com
-
- In article <1993Jan7.230129.19091@husc3.harvard.edu> zeleny@husc10.harvard.edu (Michael Zeleny) writes:
- >That depends on whether the license attaches to the program type or
- >any individual token thereof. I assume that the former is the case,
- >as the latter does not seem to make any sense. In any case, your
- >claim that, "as the owner of the work, [you] can make another copy
- >with a different copyright agreement attached", directly contradicts
- >the statement of the GPL, which regulates *all* copying, modification,
- >sublicensing, distribution, or transfer of the licensed program.
- >Since any derivative code is required to be so licensed, and since we
- >have _ex hypothesi_, that your code has been so derived, it appears
- >that you are dead wrong.
-
- The simple way to avoid the GPL "virus" problem on your own work is to
- apply the GPL to the copy rather than the original, i.e. write a program
- and make it proprietary, make a copy of it (as the owner, you have this
- right), and slap the GPL on this copy. Derivatives of the copy must
- inherit the GPL, but derivatives of the original can be subject to any
- terms you wish.
-
- The actual force of the GPL as a true "license" has never actually been
- tested. I'm not a lawyer, but it looks very much like "shrink-wrap"
- licenses, which many people believe are not really enforceable. The GPL is
- probably better viewed as a description of the copyright terms; thus, using
- the GPL doesn't remove copyright rights such as the "fair use" doctrine.
- And given this, the terms *do* apply to the token, not the type, since
- copyright applies to expressions not ideas (although with software, the
- line between token and type is fuzzy).
-
- >The ownership is just what is at issue here. I have argued that the GPL
- >assigns the ownership to the FSF, superseding any existing copyrights.
- >(Note that I am referring to _de facto_ ownership, as determined by the
- >exclusive right to control the aforementioned activities, and not any
- >official version thereof. I am not interested in any possibility of _de
- >jure_ ownership, which does not allow you to dispose of the goods as you
- >see fit.)
-
- I think this is the crux of the confusion.
-
- If the FSF were the owner of all GPLed programs, then it could *change* the
- terms of the license of any of these programs. But it can't. Unless he
- has assigned the rights to another party, the original author is still the
- only one who can set the licensing terms. The fact that he happens to set
- the same terms as the FSF does doesn't mean that the FSF takes control of
- it. As someone else pointed out, if the FSF comes out with a GPL version
- 3, it doesn't affect programs that are licensed using GPL v2.
- --
- Barry Margolin
- System Manager, Thinking Machines Corp.
-
- barmar@think.com {uunet,harvard}!think!barmar
-