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Re: request-tracker3: license shadiness



On Wed, Jul 07, 2004 at 06:09:19PM -0400, Sam Hartman wrote:
>     Branden> Right; but it remains true even if someone steals your
>     Branden> modifications, corrections or extensions to the work off
>     Branden> your computer and submits them to Best Practical
>     Branden> Solutions, LLC.  The license places no restrictions on
>     Branden> who performs the act of submission, or under what
>     Branden> circumstances the submission is made.

> I don't think a court would see it that way.  I agree that the license
> would be better if clarified to say that in submitting a patch, you
> assert that you have the necessary intelectual property rights and
> that you assign those rights to Best Practical, or to in some other
> way make it more clear.

> I'd like to ask you to support your claim that a court would hold that
> work stolen from you and contributed to Best Practical would be owned
> by Best Practical under this license.  Can you cite any cases where
> similar things have happened?

> Especially under US copyright law, this interpretation seems unlikely.
> As has been discussed previously on this list, a copyright assignment
> requires a written statement from the copyright holder.  I personally
> believe that as it stands the clause of the RT license that would
> automatically transfer copyright is unenforceable.

It seems to me that the more likely outcome in this event would be a 
conclusion either that the license is altogether invalid, or that anyone
having made modifications to RT3 has failed to comply with the license,
resulting in a finding that anyone making modifications is infringing Best
Practical's copyright.

-- 
Steve Langasek
postmodern programmer



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