Re: [EMAIL PROTECTED]: Re: [sork] About license of sork modules]

2006-05-01 Thread Don Armstrong

On Mon, 01 May 2006, Chuck Hagenbuch wrote:
 I suppose another question is, what level of contribution gives
 someone enough copyright say to need to approve a license change?
 Fixing a typo? A few lines of code? A whole new driver seems like
 enough to me; what about tweaking CSS? I don't know if there are
 rules for this.

There aren't any rules for that, as it's very difficult to determine
at what point you generate a work of authorship. A general rule of
thumb is that any non-trivial contribution has a say in the way in
which the work is licensed.

This is one of the reasons why doing due dilligence in copyright
assignment or licensing when you accept patches for contributors is
such an important part in making a robust free software project.
[Unfortunatly, it's one of the parts that almost every project sucks
horribly at because it's such a thankless uninteresting task.]


Don Armstrong

-- 
The trouble with you, Ibid he said, is that you think you're the
biggest bloody authority on everything
 -- Terry Pratchet _Pyramids_ p146

http://www.donarmstrong.com  http://rzlab.ucr.edu


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[EMAIL PROTECTED]: Re: [sork] About license of sork modules]

2006-04-30 Thread Gregory Colpart
Chuck, I forward to debian-legal list, best place for license
experts.

debian-legal people, find first post of this thread here :
http://lists.horde.org/archives/sork/Week-of-Mon-20060424/002560.html


- Forwarded message from Chuck Hagenbuch [EMAIL PROTECTED] -

Date: Sun, 30 Apr 2006 21:08:30 -0400
From: Chuck Hagenbuch [EMAIL PROTECTED]
To: Gregory Colpart [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED],
Eric Rostetter [EMAIL PROTECTED],
[EMAIL PROTECTED]
Subject: Re: [sork] About license of sork modules

Quoting Gregory Colpart [EMAIL PROTECTED]:

Perhaps, I should ask this in all (core|drivers) developers listed
in CREDITS file (but copyright in LICENSE file is for The Horde
Project and copyright in PHP files are for Eric Rostetter).

Well, you guys are the license experts, so you tell us: does the  
stated copyright in the license and code trump individual contributors  
if there's no paper (or email) trail of copyright assignment?

-chuck

-- 
we are plastered to the windshield of the bus that is time. - Chris


- End forwarded message -

-- 
Gregory Colpart [EMAIL PROTECTED]  GnuPG:1024D/C1027A0E
Evolix - Informatique et Logiciels Libres http://www.evolix.fr/


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Re: [EMAIL PROTECTED]: Re: [sork] About license of sork modules]

2006-04-30 Thread Michael Poole
[Cc'ed to original recipients since it seemed likely not all follow
debian-legal]

Gregory Colpart writes:

 Chuck, I forward to debian-legal list, best place for license
 experts.
 
 debian-legal people, find first post of this thread here :
 http://lists.horde.org/archives/sork/Week-of-Mon-20060424/002560.html
 
 
 From: Chuck Hagenbuch [EMAIL PROTECTED]
 Subject: Re: [sork] About license of sork modules
 To: Gregory Colpart [EMAIL PROTECTED]
 Cc: [EMAIL PROTECTED],
   Eric Rostetter [EMAIL PROTECTED],
   [EMAIL PROTECTED]
 Date: Sun, 30 Apr 2006 21:08:30 -0400
 
 
 Quoting Gregory Colpart [EMAIL PROTECTED]:
 
 Perhaps, I should ask this in all (core|drivers) developers listed
 in CREDITS file (but copyright in LICENSE file is for The Horde
 Project and copyright in PHP files are for Eric Rostetter).
 
 Well, you guys are the license experts, so you tell us: does the  
 stated copyright in the license and code trump individual contributors  
 if there's no paper (or email) trail of copyright assignment?

This probably varies slightly from country to country, but at least in
the USA, copyright is not automatically transferred like this.  If the
work is done for hire, the employer is the original copyright
holder.  If a written agreement assigning the specific copyright(s)
exists, it is binding.  A written but purportedly implied agreement is
insufficient, as are verbal or non-specific agreements.  In the
absence of details, it is hard to say which applies in this case; but
unless the employer is asking in the context of an employee's paid
work, a copyright assignment is the safe bet.

Michael Poole


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Re: [EMAIL PROTECTED]: Re: [sork] About license of sork modules]

2006-04-30 Thread Michael Poole
Gregory Colpart writes:

 Chuck, I forward to debian-legal list, best place for license
 experts.

By the way, cc'ing a closed list when emailing an open list is poor form.
(Hopefully this will help others avoid the auto-reject message I got.)

Michael Poole


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Re: [EMAIL PROTECTED]: Re: [sork] About license of sork modules]

2006-04-30 Thread Chuck Hagenbuch

Quoting Michael Poole [EMAIL PROTECTED]:


This probably varies slightly from country to country, but at least in
the USA, copyright is not automatically transferred like this.  If the
work is done for hire, the employer is the original copyright
holder.  If a written agreement assigning the specific copyright(s)
exists, it is binding.  A written but purportedly implied agreement is
insufficient, as are verbal or non-specific agreements.  In the
absence of details, it is hard to say which applies in this case; but
unless the employer is asking in the context of an employee's paid
work, a copyright assignment is the safe bet.


There is no written license assignment agreement, signed or otherwise.  
It seems likely then that we'd need individual agreement from all past  
contributors to change the license. I'm not opposed to a preferred but  
mostly equivalent license, but honestly Horde doesn't have the  
manpower to go around doing this. If the Debian packagers want a  
different license, I'd be fine with them putting together a list of  
people who need to sign off on it. Then Horde could take it from  
there, assuming everyone on the Horde side agrees.


I suppose another question is, what level of contribution gives  
someone enough copyright say to need to approve a license change?  
Fixing a typo? A few lines of code? A whole new driver seems like  
enough to me; what about tweaking CSS? I don't know if there are rules  
for this.


Thanks,
-chuck

--
we are plastered to the windshield of the bus that is time. - Chris