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Re: Poly/ML license



Mahesh T. Pai wrote:
>  >  4. The  copyright  and   other  intellectual  property  rights  of
>  > whatever nature in  any improvements, enhancements or modifications
>  > to the source  code of the Software or  which necessitate access to
>  > the source  code of  the Software  in order to  be compiled  into a
>  > functioning binary  form and which  are made by the  Licensee ("the
>  > Improvements") shall vest in and  be and remain the property of the
>  > Licensee.
> 
> This  means,  if you  modify  the  program,  the copyright  in  *your*
> modifications  vests in  the licensor  and operates  as  assignment of
> copyright.

Perhaps I'm overlooking something, but to me the clause says that
all Improvements "shall vest in and remain the property of the
LICENSEE". In other words, if you make modifications, they remain yours.

But:

>  > 5. The   Licensee  grants  to   the  Licensor   in  good   faith  a
>  > non-exclusive,  royalty-free licence to  use any  Improvements with
>  > the right to grant sub-licences to any existing or future licensees
>  > of the Software.

You have to license your modifications to the LICENSOR (the original
author). They can then do whatever they want with them ("grant
sub-licenses"). 

> That is the right to distribute modified and unmodified copies. Fine.

How did you come to that conclusion? It doesn't talk about
distribution at all. 

The clause does not even require a licensee to license other
licensees for access to his improvements. 

Effectively, these clauses say "you must send us all your
improvements and license us to do whatever we want with them."

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/



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