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Re: IglooFTP goes commercial. Violation of GPL?



On Wed, Jul 28, 1999 at 02:02:38AM -0400, Paul D. Smith wrote
> %% Carl Mummert <mummert@cs.wcu.edu> writes:
>   
>   cm> Who owns patches?
> 
> The person who wrote it always "owns" it... sort of.  The patch can be
> argued to be a derived work of the original, so in a sense the author
> might not own it entirely.
> 
>   cm> When a patch is integrated into the main product, doesn't the new
>   cm> code incorporated from the patch become property of the original
>   cm> owner?
> 
> No.  The main product now becomes a derived work of both authors.
> That's the easy answer.  The more complex answer is only a court could
> ultimately decide it, and they may take into consideration various
> factors such as the size of the patch, importance to the whole, etc.
> 

The patch has to be "significant" and "creative" enough to merit
protection in its own right; for instance, if someone noticed that
the original author was passing the wrong argument to a system call
and corrected the apparent error that probably *wouldn't* be considered
worthy of protection, and wouldn't have any effect on the ownership
of the patched source.

>[snip]

IANAL,


John P.
-- 
huiac@camtech.net.au
john@huiac.apana.org.au
"Oh - I - you know - my job is to fear everything." - Bill Gates in Denmark


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