Re: Question about upstream duty as regards with OpenSSL
On 3/17/06, Pierre Machard <pmachard@debian.org> wrote:
[...]
> I read http://lists.debian.org/debian-legal/2004/05/msg00595.html
"the copyright holders give permission to link the code of portions of
this program with the OpenSSL"
Copyright holders just can't give such permission because it doesn't
fall under exclusive rights reserved to copyright holders. Linking
aside for a moment, regarding "real" derivative works (not FSF's
absurd theory) see
http://caselaw.lp.findlaw.com/data2/circs/2nd/039303p.pdf
My reading of it is that even under contractual restrictions, 17 USC
117 bars cause of action for copyright infringement when "the party
exercises sufficient incidents of ownership over a copy of the program
to be sensibly considered the owner of the copy for purposes of §
117(a)."
regards,
alexander.
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