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Re: Please pass judgement on X-Oz licence: free or nay?



On Sun, 2004-08-08 at 18:38, Branden Robinson wrote:
> On Tue, Aug 03, 2004 at 11:10:44AM -0500, Joe Wreschnig wrote:
> > On Tue, 2004-08-03 at 09:31, Anthony DeRobertis wrote:
> > > On Mon, Aug 02, 2004 at 09:03:33PM +0000, Jim Marhaus wrote:
> > > > "Debian Legal summary of the X-Oz License"
> > > > http://lists.debian.org/debian-legal/2004/02/msg00229.html
> > > 
> > > Clause 4 of the license posted at the start of this thread is, with the
> > > execption of whos names it protects, word-for-word identical.
> > > 
> > > Am I missing something?
> > 
> > Yes. Clause 3 is the GPL-incompatible non-free one. Clause 4 is standard
> > boilerplate, found in many licenses (it's also superfluous, being
> > written into copyright by default in US law).
> 
> Can you please cite what part of US copyright law does that?
> 
> To my knowledge, what you're referring to is actually part of the
> common-law doctrine of "right of publicity"[1], which I've mentioned on
> this list before[2].
> 
> In short, you doesn't have to become a copyright holder in the U.S. to
> enjoy legal protections against people using your name or likeness in their
> advertising without your consent.
> 
> [1] http://www.law.cornell.edu/topics/publicity.html
> [2] Message-ID: <20040512085432.GG18044@deadbeast.net>
>     http://lists.debian.org/debian-legal/2004/05/msg00540.html

Ah, okay. I misread your previous post and thought it was related to
copyright law. Either way, it's a legal no-op, and does not result in a
non-free license.
-- 
Joe Wreschnig <piman@debian.org>

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