--- Joseph Carter <[EMAIL PROTECTED]> wrote:
> On Wed, Aug 27, 2003 at 09:48:51AM -0700, justin bengtson wrote:
> > i'd like some help and constructive criticism with this, especially
> regarding
> > gaping holes.  it's intended to be a "give credit where credit is due" type
> of
> > license.  this is only a first draft...  the name can change!  here goes...
> 
> I understand why you might want a shorter or less verbose license than the
> GNU GPL, but I have to say that your license feels like it is trying to be
> a professional lawyer-grade license, without the understanding of
> Copyright law that should accompany authorship of such a license.

i don't have internet at home yet, and a lot of what i am basing my legaleese
on is EULA from various games i own.  sorry for that...

> Second, the whole plagarism thing.  It is ILLEGAL, under Copyright law, to
> misrepresent the authorship of a work, in whole or in part.  If I have
> taken your work and put my name on it in place of yours, I do not need a
> license clause to tell me that I'm doing something wrong, the law already
> says so.  And under the law, it's Copyright infringement to misrepresent
> the origins of any work covered by Copyright.  Legally a work in the
> public domain can be misrepresented in the US, but as it happens the rest
> of the world has this concept of Moral Rights which would prevent it.

my home is the US.  i plan to publish in the US.  but i take your point.

> You can not, in the United States, place anything into the public domain.
> You can make the simple statement that you are doing so, but this is
> really a Copyright license.  The law is written with the assumption that
> everyone wishes to profit from their work, no matter how trivial, and
> therefore all works which are not barred from Copyright protection, are,
> in fact, protected by Copyright.  (If contested, you may have to prove
> that you indeed are the original creator and therefore owner of the
> Copyright, but there are ways to do that..)
> 
> The GNU GPL, while a great legal-political document, is really a badly
> written license.  A license explains the terms, pure and simple.  The
> long-winded speech about what is right and good and fair in the world of
> Copyright law has little bearing on the license and detracts from the very
> simple question:  What may I do with this pile of code?  What may I not?

after reading posts from you and cory, i have come to the conclusion that it
should be removed.  you are absolutely right.

> I would be happy to offer more specific suggestions for your planned
> license, but there are some important things to think about in the above.
> As I am not an attorney and am not qualified to provide legal advice, you
> may outright disregard my comments.  I do have some experience in this
> area, though.

thank you.  i do appreciate the feedback.

=====
Justin Bengtson  ([EMAIL PROTECTED])

E-mail, or any form of writing, is not true communication,
and can only result in the misinterpretation of meanings.

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