RE : Re: Mutal copyright question

From: I.R.Maturana <irm[_at_]in3activa.net>
Date: Wed, 21 Sep 2005 18:10:00 -0400

IMHO, I am not sure that the correct answer is "define a license", or "choose another licence", or "do you really understand the philosophy of the license you choose"... ?

Here the scenario, as decribed by Fred Dirkse (OIC Group Inc):

Step 1 .- OIC give a sofware source code under some Open license

Step 2 .- Some contributors developped their owm software

            based on the OIC code.

However, by doing so, contributors become the rights- owners on their versions.

(because derivative authors have the same rights than the  original author, on their respective versions)         

Step 3 .- Fred Dirkse is faced to paradox, or an aporia.

	(the aporia is for Fred and derivative authors; the 
       paradox is only for common people :))


OIC asked a very good question.

> > Basically the question is:
> > If I write a piece of code, can I give that code to
> > someone else along
> > with copyright on it for them to do whatever they
> > please with, as well
> > as maintain copyright on it myself and do whatever I
> > please with it?

When you say "it", what do you mean with "it"?

The answer will depend of the actual version of "it":

Note: you cannot "give copyright". No licence can "give copyright" on works or versions of works for which you are NOT the author.

There is 2 choices: either you forbid derivations, or you agree that derivative works are owned by their respective authors.

(Or you can hire your contributors: in this case, there is no more derivative rights: you are the owner of all the developpements. Of course, a license is no longuer necessary -- only money credits)

Regards - Inacio
(I Am Not A Lawyer, etc...
 but I maybe I can understand your problem as well ? :-D)

I.Robredo Maturana -- http://www.in3activa.org (LGT-FRv1r4 - http://www.in3activa.org/doc/fr/LGT-FR.html)

> --- "Fred Dirkse - OIC Group, Inc."
> <fred[_at_]oicgroup.net> wrote:
>
> > Greetings all.
> > My company has a software program we have released
> > open source. Any
> > open source contributions we receive that are to be
> > integrated into the
> > main system, we require copyright be assigned to us.
> > There are several
> > developers who have good contributions to offer, but
> > do not want to
> > assign copyright to us because they have internal or
> > otherwise
> > proprietary usage for the same code and don't want
> > to "give up" rights
> > to it. The only reason I want copyright is to
> > eliminate any future
> > issues regarding their contributions to the
> > software...I could care less
> > what they do with the exact same code on their
> > end...I just need to know
> > that I have full control of it in my system.
> > I proposed that they simply assign us copyright for
> > what they give us,
> > and they keep the same code and copyright also.
> > This has raised some
> > questions regarding the full legalities of this.

> > Basically the question is:
> > If I write a piece of code, can I give that code to
> > someone else along
> > with copyright on it for them to do whatever they
> > please with, as well
> > as maintain copyright on it myself and do whatever I
> > please with it?
> >
> > Thank you for your input.
> >
> > Fred
> >
> >
> >
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Received on Thu Sep 22 2005 - 02:10:00 GMT

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