Re: (c) in OO software modeling language

From: Cumbow,Robert-SEA <CUMBR[_at_]perkinscoie.com>
Date: Thu, 29 May 97 13:13:00 PDT

Stephen J. Hyland <shyland[_at_]computer-lawyer.com> wrote:
>
> My UML documentation says:
>
> "The UML is nonproprietary and open to all." 3.3 UML Summary,
> version 1.0
>
> ... That they say it is nonproprietary and open to all seems to grant
> a nonexclusive, unrestricted license to use to the public. ... That
> you can freely use these components does not mean they are in the
> public domain since I can see no way under U.S. law to "declaim"
> authorship (and therefore copyright), it simply means that it is
> freely licensed.

I beg to differ. While the phrase "open to all" might seem to grant a nonexclusive, unrestricted license to the public, the use of the term "nonproprietary" changes the picture. You can't license something to others unless you own it. The word "nonproprietary" says to me that no proprietary rights are claimed. Copyright is by definition a proprietary right. By disavowing any proprietary rights, the authors have stated a clear intention to place their work in the public domain.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Thu May 29 1997 - 20:13:22 GMT

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