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Re: APSL Hidden Nasty's



Ben Pfaff <pfaffben@pilot.msu.edu> writes:
> John Hasler <john@dhh.gt.org> writes:

>> A more serious question is whether a minor can license his own work without
>> his guardian's consent.  I don't think he can.

> Boy, I hope that doesn't invalidate all the code (and copyright
> assignments) I wrote for FSF and Debian before I turned 18 :-)

It probably does. However, a license is - as John puts it - nothing more
than a legally binding promise not to sue over copyright infringements
(and, by extension, a copyright assignment is simply a transfer of the
right to sue) so as long as you in fact don't sue, the practical
differences are not serious.

I think there is a theoretical possibility that if you go personally
bankrupt your creditors would be able to force you to sue FSF or
other distributores and attempt to get money for your code - because
the promise not to sue you made as a minor did not legally bind you.

There's nothing to stop you from issuing a binding copyright
assignment *now*, which would prevent that scenario. Judging from
the FSF's usual insistence on having their legal formalia water
tight, I think they would appreciate it if you did.

-- 
Henning Makholm


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