On 10/06/07, Philip Olson <[EMAIL PROTECTED]> wrote:

On Jun 7, 2007, at 5:11 PM, Wez Furlong wrote:
> Philip Olson wrote:
>>   2. Discuss with the authors and IBM about transferring copyright
>
> You'll find this difficult, because there is no legal entity to
> which to
> transfer copyright.

The PHP Documentation Group. http://php.net/manual/en/copyright

And the PHP Doc HOWTO points to: http://doc.php.net/php/dochowto/copyright.php.

You can make an assertion that the PHP Documentation Group owns
copyright over all of the contributions to the manual, but I think
you'll find that the PHP Documentation Group, just like the PHP Group
and the PEAR group, isn't a recognized legal entity and therefore
cannot own any copyright. I'm not a lawyer, but I've been heavily
involved with them in the past, and unless things have changed
dramatically in the past year and a half, none of these groups have
the status of a legal entity (at least, not in North America).

Compare with the Apache Software Foundation: http://apache.org/foundation/

"""Formerly known as the Apache Group, the Foundation has been
incorporated as a membership-based, not-for-profit corporation in
order to ensure that the Apache projects continue to exist beyond the
participation of individual volunteers."""

If the PHP Documentation Group incorporated and became a formal
corporation (501 c3 status or what have you) with a board of
directors, bylaws, etc, then you could talk about having contributors
assign copyright. But at the moment, all that you can ask is for
contributors to license their contributions -- copyright stays with
the contributors. I also think that you'll find the burden of proof
for assigning copyright to an entity requires much more than just
saying "It's written in the Doc HOWTO, somewhere." If you do
incorporate the PHP Documentation Group as a formal corporation, you
will have to obtain the agreement, in writing (email would probably be
okay), from all of the contributors to assign their copyright over to
the PHP Doc Group now that it is a recognized legal entity - and
future contributions should include an explicit notice assigning
copyright.

This is a complex area, and decisions cannot be made with a full
understanding of all the nuances. What is your goal, anyways? Are you
just trying to avoid having to include credits for the contributing
authors on a page-by-page basis, or do you really want to go through
the intense process of incorporating the PHP Documentation Group so
that it can own copyright over the documentation? And if the latter,
what purpose would owning the copyright serve that is not served by
the license that the contributors provide their contributions under?

--
Dan Scott
Laurentian University

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