Alexander Terekhov wrote:
Hyman Rosen wrote:
On 2/11/2010 2:37 PM, Alexander Terekhov wrote:
A joint work can be created without any license at all.
But when there is a license, the presumption is that the license
states the terms.
Take your meds Hyman. The GPL states the terms of non-exclusive
license. The GPL is irrelevant to co-authors because they have
exclusive ownership.
Quite true. The GPL license is a non-exclusive license it CANNOT speak
to intent for purposes of ownership of a joint work or any other work
for that matter:
17 USC sec. 101 -- A “transfer of copyright ownership” is an assignment,
mortgage, exclusive license, or any other conveyance, alienation, or
hypothecation of a copyright or of any of the exclusive rights comprised
in a copyright, whether or not it is limited in time or place of effect,
but not including a nonexclusive license.
We are not speaking about the intent of the developers concerning the
GPL and "all third parties" (meaning the general public -- remember
"General Public License"?) but the relationship among the *developers*
themselves. The GPL is irrelevant to the intent among the contributing
developers. The developers *actions* carry far for weight than any
*language* about intent.
Alexander is correct. The operative definition of a joint work as
defined in the Copyright Act controls in this case:
17 USC sec. 101 -- A “joint work” is a work prepared by two or more
authors with the intention that their contributions be merged into
inseparable or interdependent parts of a unitary whole.
BusyBox is undoubtedly a joint work of authorship.
"The Captain's scared them out of the water!"
http://www.fini.tv/blog/finishing_line_files/a44f9390355368f87dc47b7ec094f93e-36.php
ROFL. ROFL. ROFL.
Sincerely,
RJack :)
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