On Sun, May 20, 2007, Oleg Goldshmidt wrote about "Re: GPL Issue":
> Consider: if I modify your buggy GPLed program I automatically[1] hold
> the copyright to my changes. I cannot release them under any license
> than GPL, nor do I agree to any other license. It stands to reason
> that you will have to ask me, as a copyright holder, before releasing
> the program, including my modifications, under another license. You
> can release the code to which you hold the copyright (without my
> modifications) under a different license.

I don't think the situation is as clear-cut as this. It is obvious that
I create a free software project, let other people help and half of the
code ends up to be code contributed by other people, then I don't have the
right to relicense the complete project without asking everyone else.
But what if I wrote 90% of the code? What about 99% of the code, with other
people just sending one-line bug fixes, not new features?

When someone sends you a patch for your free software project, without
stating anything about copyright, what does that mean? Is he keeping his
copyright and only letting you use it in the GPL software, or is he basically
saying to you "hey, thanks for writing this software; I want to help you,
so take this patch, no strings attached"? Perhaps some other variables,
like the size of the patch (one line bug fix, vs. 1000 lines of a new
feature), the development structure of the project (one main developer who
get sent patches, vs. many developers cooperating in Subversion), and so
on, play a role in deciding which interpretation makes sense?

Of course, it's always safest to make things explicit. Large American free
software organizations, like the FSF and the ASF, have gone as far as having
with written forms and beurocracies which you need to fill before you're
allowed to make large scale code contributions to them. But even those
organizations don't apply the same level of beurocracy to small contributions:
when you send a relatively-small patch to a GNU or Apache project, a
maintainer just accepts it from you and applies it. It is implied that you
do NOT retain your copyright on that contribution - rather the FSF or ASF
does. If the FSF decides to release all its code one day using the GPL 3,
nobody is going to ask me whether I agree that they do that with the bug-fix
patch I contributed to Gzip a few years ago.

-- 
Nadav Har'El                        |        Sunday, May 20 2007, 4 Sivan 5767
[EMAIL PROTECTED]             |-----------------------------------------
Phone +972-523-790466, ICQ 13349191 |Birthdays are good for you - the more you
http://nadav.harel.org.il           |have the longer you live.

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