On Mon, Aug 09, 2010 at 21:17:22 +0900, Stephen J. Turnbull wrote:
> The problem is that his work is now public domain, and we cannot claim
> copyright in it.  Also, in many jurisdictions he may maintain a right
> to indications of authorship and the like even if he can dedicate all
> his economic rights to the public domain.

Oh, thanks for setting me straight again.  I'm embarrassed about my lack
respect for the unknown; really ought to be dealing more responsibly with my
cluelessness.

The public domain impulse has been successfully beaten out of me and I know not
to touch somebody's public domain declaration without their permission.

For anybody that's still following this, these bullet points from
<http://linuxmafia.com/faq/Licensing_and_Law/public-domain.html> may help

  Because precedent does not yet exist for a "public domain dedication"
  literally putting a work into the public domain (cause it to no longer have
  the quality of being ownable), the question is what effect a judge might rule
  it to have:

  * It might have no effect.
  * It might be ruled to create a global licence for unrestricted use. That
    licence might or might not then be adjudicated to be revocable by
    subsequent copyright owners (heirs, creditors).
  * It might be actually ruled to expunge property title, as intended.

  Moreover, each separate jurisdiction may decide the matter differently.

Public domain to be treated as undefined, ad-hoc license declarations are out;
and licenses from folks who know what they are doing are in.

Sounds like a reasonable and easy to follow approach.

> 1.  Choose a single license recommended by somebody who knows what
>     they're talking about (OSI, FSF, and CC come to mind immediately),
>     and all contributors must agree to it.  If the license is
>     copyleft, you need to decide up front how you want to deal with
>     licensing changes, and state that in the agreement.

So that'd be GPLv2+ for source and MIT for tests.

For the GPL, we also are keep track of some folks' preferences for license
changes from the time I tried to make some progress on the OpenSSL exception.
Should have been more shrewd about it
<http://darcs.net/release/license_exceptions> by also asking if people were
willing to assign copyright at the time.

> 2.  All contributors who wish to maintain copyright must insert a
>     copyright notice in their own name, with the date each
>     contribution was first published (eg, submitted to the mailing
>     list or pushed to the main repo).

Is there a sensible way to deal with files that have no copyright
assignment?

Can we just leave them alone?  Or can we retroactively insert a
copyright header for all major authors listed in darcs changes?
http://bugs.darcs.net/issue331

> 3.  All contributors who wish to dedicate their contribution to the
>     public domain must insert a dated notice to that effect (with the
>     date of the PD dedication).

>  > # Copyright (C) 2010 The Darcs Team

Ian has pointed out that  we could perhaps use the SFC as that entity (I should
check with them)

# Copyright (C) 2010 Software Freedom Conservancy

I'm guessing this sort of thing could also be useful if we were to start 
thinking
about copyright transfer.

I think the only reason I introduced this was uncertainty about what to do when
there is no copyright declaration (be the test case public domain or not).  For
the public domain case, you suggested appending a statement to the existing
declaration, which I think would end up looking like this

    # Public domain 2010 Petr Rockai
    #
    # This file is included as part of the Darcs test distribution,
    # which is licensed to you under the following terms:
    #
    # Permission is hereby granted <rest of MIT wording here>...

PS: and along the way, I notice Karl Fogel recommends getting people to sign
    a contributor license agreement
    <http://producingoss.com/en/copyright-assignment.html>, seems like
    another rainy day TODO...

-- 
Eric Kow <http://www.nltg.brighton.ac.uk/home/Eric.Kow>
For a faster response, please try +44 (0)1273 64 2905.

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