Re: Copyleft?

On Fri, 23 Jul 1999, Carol Cricow <carol[_at_]yujean.com> wrote:
>
> On Thu, 22 Jul 1999, Greg Ikonen <gikonen[_at_]venlaw.com> wrote:
> >
> > With the exception of the copyleft folks, most people acknowledge that
> > a copyright protection regime encourages creative efforts, and that
> > the promotion of these efforts is a good thing for society.
>
> That's the second time this week I've seen the word "copyleft." The
> other was in a publishing contract where "copyleft" rights were reserved
> by the publisher to allow people to make copies for distribution within
> their offices of a copyrighted work (the contract was between author and
> publisher).
>
> Is this really a word? Does it have any legal meaning?

6 replies
196 lines, 7893 bytes

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[1]
Date: Tue, 27 Jul 1999 06:33:44 -0500 (EST) From: Lynn Winebarger <owinebar[_at_]free-expression.org> Subject: Re: Copyleft?
Message-Id: <Pine.LNX.4.10.9907270631490.18250-100000[_at_]se232.math.indiana.edu>

It's often used to describe a particular type of copyright license, usually used for free software.

Check http://www.gnu.org/copyleft/copyleft.html

Lynn

[2]
Date: Tue, 27 Jul 1999 07:55:52 -0400
From: David Bozak <dab[_at_]cs.oswego.edu>
Subject: Re: Copyleft?
Message-Id: <379D9E48.1B7C95[_at_]cs.oswego.edu>

copyleft is a fairly old (in computing terms) concept first used by Richard Stallman in protecting the work of the Free Software Foundation. see http://www.gnu.org/fsf/fsf.html to learn about the FSF and related page on the GNU project.

-dab

-- 
David Alan Bozak    Associate Dean, Art & Sciences     ________|________
dab[_at_]cs.oswego.edu    SUNY Oswego, Oswego, NY 13126      ___\__(*)__/___
  315.341.2156       http://www.cs.oswego.edu/~dab           o/ \o  
   "When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl."


[3]
Date: Tue, 27 Jul 1999 07:47:56 -0400
From: Diane Cabell <cabell[_at_]mama-tech.com>
Subject: Re: Copyleft?
Message-Id: <379D9C6B.28CD681C[_at_]mama-tech.com>


Copyleft is a concept popularized by MacArthur award winner, Richard
Stallman, among others.  The problem is finding a method that ensures 
that works will remain freely available to the public.  If one simply 
puts software in the public domain (a difficult enough task as it is), 
a derivative can then be created which is proprietary. The proprietary
derivative might then become the defacto standard or be bundled with 
other proprietary programs.  To avoid having a work co-opted in this 
fashion, copyleft regimes assert rights in the original work and issue 
GNU licenses that permit free reproduction and distribution but forbid 
creating restricted derivatives.  See 

   <http://www.gnu.org/gnu/thegnuproject.html>

See Copyleft: Licensing Collaborative Works in the Digital Age, by 
Ira V. Heffan, Stanford Law Review, Vol. 49, No. 6, July 1997 for a 
legal analysis which argues in favor of enforceability.

Diane Cabell
http://www.mama-tech.com/
Fausett, Gaeta & Lund, LLP
Boston, MA
<cabell[_at_]mama-tech.com>


[4]
Date: Tue, 27 Jul 1999 07:31:59 -0500
From: "Stephen J. Hyland" <shyland[_at_]computer-lawyer.com>
Subject: Re: Copyleft?
Message-Id: <379DA6BE.E3A516E3[_at_]computer-lawyer.com>


Copyleft was the term introduced by Richard Stallman, founder of the
Free Software Foundation. It is an attempt to prevent free software from
being turned into proprietary software. All Gnu software (compilers,
UNIX tools, etc.) in the Gnu software project carries this designation.
For more information, see http://www.gnu.org/copyleft/copyleft.html

As far as whether it has any legal meaning, there is no statutory
support for the term. I am not aware of any cases, either, in which the
term has come up. Too bad Bob Stock doesn't have Westlaw access anymore.
;-) However, the FSF/Gnu software license is certainly enforceable.

Stephen J. Hyland
<shyland[_at_]computer-lawyer.com>


[5]
Date: Tue, 27 Jul 1999 07:17:37 -0700
From: Bruce Hayden <bhayden[_at_]ieee.org>
Subject: Re: Copyleft?
Message-Id: <379DBF81.B62799A8[_at_]ieee.org>


Yes it is a word, probably coined by Richard Stallman of
the Free Software Foundation (fsf.org). Copyleft is a clever
attempt by them (FSF/Stallman) to essentially reverse 
copyright using copyright law. A copy of the GNU General
Public License can be found at http://www.fsf.org/copyleft/gpl.html

The way it works is somewhat slick. You start with the premise
that copyright on code is infringed by modifying it (it is the
creation of a derivative work, plus potentially reproduction
and public distribution). Then someone (FSF/Stallman, et al.)
releases software that comes with a copyleft license. It 
grants a developer a license to modify the code, as long
as you license the modified code the same way. The license
provides that among other things that you won't make money
on the software, and that you will provide source code.

The result, for a great extent, is freely modifiable,
freely available software. You will notice if you go
the the above FSF web site, that the license has a 
1989 copyright date on it. During most of the last
ten or so years, copyleft/GNU was somewat nichy,
covering the EMACS word processor and some GNU
compilers, but not that much stuff in the mainstream.
But recently, it has gone mainstream with Linux. 
-- 
--------------------------------------------------------------------
The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1999 Bruce E. Hayden,all rights reserved
My work may be copied in whole or part, with proper attribution,
as long as the copying is not for commercial gain.
--------------------------------------------------------------------
Bruce E. Hayden                      bhayden[_at_]acm.org
Phoenix, Arizona                     bhayden[_at_]ieee.org
                                     bhayden[_at_]copatlaw.com


[6]
Date: Tue, 27 Jul 1999 07:58:15 -0700 (PDT)
From: Michael R <mlr909[_at_]yahoo.com>
Subject: Re: Copyleft?
Message-Id: <19990727145815.19982.rocketmail[_at_]web601.yahoomail.com>


The entire following passage is from:

   http://whatis.com/copyleft.htm

"Copyleft is the idea and the specific stipulation when distributing
software that the user will be able to copy it freely, examine and
modify the source code, and redistribute the software to others (free 
or priced) as long as the redistributed software is also passed along 
with the copyleft stipulation.  The term was originated by Richard 
Stallman and the Free Software Foundation (FSF).  Copyleft favors the 
software user's rights and convenience over the commercial interests 
of the software makers.  It also reflects the belief that freer 
redistribution and modification of software would encourage users to 
make improvements to it.  ("Free software" is not the same as 
freeware, which is usually distributed with copyright restrictions.)

Stallman and his adherents do not object to the price or profit 
aspects of creation and redistribution of software -- only to the 
current restrictions placed on who can use how many copies of the 
software and how and whether the software can be modified and 
redistributed

The de facto collaboration that developed and refined UNIX and other
collegially-developed programs led the FSF to the idea of "free"
software and copyleft.  In 1983, the FSF began developing a "free
software" project that would both demonstrate the concept while
providing value to users.  The project was called GNU, an operating
system similar to a UNIX system.  GNU and its various components are
currently available and are distributed with copyleft stipulations.  
New software is being developed. 

More information on copyleft can be found on the Free Software
Foundation's home page."


Michael Reedy
<mlr909[_at_]yahoo.com>

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