Re: Fwd: That whole "Linux stealing our code" thing

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To: James Bruce <bruce@...>
Cc: Krzysztof Halasa <khc@...>, <davids@...>, Linux-Kernel@Vger. Kernel. Org <linux-kernel@...>
Date: Tuesday, September 4, 2007 - 12:59 pm

On Tuesday 04 September 2007 04:50:34 James Bruce wrote:

I may be mistaken, but it has always been my understanding that, unless you 
specifically waive your rights, they are automatically retained. (Under the 
law in the US, at least).

Hence, a copyright holder can do such, where the license has not been acquired 
by money changing hands.

(And actually, my above statement isn't rendered false by your rebuttal - it 
still appears that the person I replied to believes that a copyright license 
applies to the person holding the copyright in the same manner it applies to 
the person receiving the item under said license. Though I will admit it if I 
am wrong - publicly)


The license is a direct grant from the author. If the author so wished, he/she 
could pull the license - either entirely or in part. About the only caveat is 
that the author would have to publish and attempt to contact everyone who may 
have acquired the item under that license to inform them of such a change - 
this does make it difficult, hell, makes it nearly impossible, but it can be 
done. (IANAL, but this does appear to be what the law says)


Actually, no. A purchase does automatically grant the rights inherent in 
ownership - but that is a *PURCHASE*. Mere transfer of an item with no 
exchange of money cannot convey those rights. As far as the 'public domain' 
argument goes... That smells of a straw-man and is as different from a grant 
of license as it is from a purchase. When you release something into the 
public domain you are waiving *ALL* of your rights as copyright holder. 
(Which, I am told, cannot be done in Germany and some other countries)


He could, but AFAICT, thirty years ago BSD was still run entirely by UC 
Berkely and any copyrights that might be held are held entirely by UC Berkely 
and not the individuals that contributed to such. (Whats more, a 30 year old 
version of BSD doesn't meet the requirements of the AT&T agreement, so its 
only legal in-so-far as it massively predates that agreement (and the lawsuit 
which spawned it) :)

And yes, Linus actually could revoke the license on any copy of Linux from 
before he started merging code written by other people into the code-base. 
After the first time he merged another persons code he lost that unilateral 
right. (He could, still, revoke the right to *his* portions of the code, 
however)


I'm not talking about retro-active changes. I'm talking about the copyright 
holder exercising their right to cancel said license in regards to either a 
specific person, a specific group of people or everyone. Cancelling a license 
is not altering the terms - it's stating "I am removing this product from 
release under this license entirely".

(Though I have never said doing such is *EASY*, and I never said that doing 
such would be free from people throwing lawsuits around. It's because of 
those two facts that it has only rarely ever been done - even by large 
companies.)

DRH

-- 
Dialup is like pissing through a pipette. Slow and excruciatingly painful.
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Messages in current thread:
Fwd: That whole "Linux stealing our code" thing, Constantine A. Murenin, (Sat Sep 1, 12:48 pm)
RE: That whole "Linux stealing our code" thing, David Schwartz, (Sun Sep 2, 10:01 pm)
RE: Fwd: That whole "Linux stealing our code" thing, David Schwartz, (Sun Sep 2, 10:01 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Jeff Garzik, (Mon Sep 3, 4:58 am)
Re: Fwd: That whole "Linux stealing our code" thing, Pavel Machek, (Thu Sep 6, 3:12 pm)
Re: Fwd: That whole "Linux stealing our code" thing, David Schwartz, (Mon Sep 3, 5:21 am)
Re: Fwd: That whole "Linux stealing our code" thing, Jeff Garzik, (Mon Sep 3, 5:47 am)
RE: Fwd: That whole "Linux stealing our code" thing, David Schwartz, (Mon Sep 3, 5:54 am)
Re: Fwd: That whole "Linux stealing our code" thing, Jan Engelhardt, (Mon Sep 3, 5:03 am)
Re: Fwd: That whole "Linux stealing our code" thing, Daniel Hazelton, (Sun Sep 2, 11:11 pm)
RE: Fwd: That whole "Linux stealing our code" thing, David Schwartz, (Mon Sep 3, 5:48 am)
Re: Fwd: That whole "Linux stealing our code" thing, Daniel Hazelton, (Mon Sep 3, 2:01 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Krzysztof Halasa, (Mon Sep 3, 2:26 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Daniel Hazelton, (Mon Sep 3, 3:04 pm)
Re: Fwd: That whole "Linux stealing our code" thing, James Bruce, (Tue Sep 4, 4:50 am)
Re: Fwd: That whole "Linux stealing our code" thing, Daniel Hazelton, (Tue Sep 4, 12:59 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Krzysztof Halasa, (Mon Sep 3, 3:33 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Daniel Hazelton, (Mon Sep 3, 8:19 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Krzysztof Halasa, (Tue Sep 4, 9:27 am)
Re: Fwd: That whole "Linux stealing our code" thing, Daniel Hazelton, (Tue Sep 4, 1:13 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Krzysztof Halasa, (Wed Sep 5, 8:16 am)
Re: Fwd: That whole "Linux stealing our code" thing, Chris Friesen, (Tue Sep 4, 3:28 pm)
Re: Fwd: That whole "Linux stealing our code" thing, linux-os (Dick Johnson), (Tue Sep 4, 4:28 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Michael Poole, (Tue Sep 4, 3:44 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Daniel Hazelton, (Tue Sep 4, 7:08 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Jacob Meuser, (Sat Sep 1, 4:57 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Jeff Garzik, (Sat Sep 1, 1:21 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Constantine A. Murenin, (Sat Sep 1, 1:37 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Adrian Bunk, (Sat Sep 1, 4:54 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Sam Leffler, (Sat Sep 1, 6:03 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Adrian Bunk, (Sat Sep 1, 6:29 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Constantine A. Murenin, (Sat Sep 1, 5:27 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Adrian Bunk, (Sat Sep 1, 5:52 pm)
Re: That whole "Linux stealing our code" thing, Jason Dixon, (Sat Sep 1, 8:36 pm)
Re: That whole "Linux stealing our code" thing, Jonathan Gray, (Sat Sep 1, 10:22 pm)
Re: That whole "Linux stealing our code" thing, Alan Cox, (Sun Sep 2, 6:18 am)
Re: That whole "Linux stealing our code" thing, Adrian Bunk, (Sat Sep 1, 9:55 pm)
Re: That whole "Linux stealing our code" thing, Constantine A. Murenin, (Sun Sep 2, 1:09 am)
Re: That whole "Linux stealing our code" thing, Jeff Garzik, (Sat Sep 1, 9:34 pm)
Re: That whole "Linux stealing our code" thing, Constantine A. Murenin, (Sat Sep 1, 9:39 pm)
Re: That whole "Linux stealing our code" thing, Casey Dahlin, (Sat Sep 1, 9:58 pm)
Re: That whole "Linux stealing our code" thing, Jason Dixon, (Sat Sep 1, 10:44 pm)
Re: That whole "Linux stealing our code" thing, Al Viro, (Sat Sep 1, 10:06 pm)
Re: That whole "Linux stealing our code" thing, Jeff Garzik, (Sat Sep 1, 9:43 pm)
Re: That whole "Linux stealing our code" thing, Luis R. Rodriguez, (Sat Sep 1, 9:42 pm)
Re: That whole "Linux stealing our code" thing, Al Viro, (Sat Sep 1, 9:53 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Constantine A. Murenin, (Sat Sep 1, 7:29 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Adrian Bunk, (Sat Sep 1, 8:09 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Constantine A. Murenin, (Sat Sep 1, 8:53 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Igor Sobrado, (Sun Sep 2, 7:20 am)
Re: Fwd: That whole "Linux stealing our code" thing, Adrian Bunk, (Sun Sep 2, 7:50 am)
Re: Fwd: That whole "Linux stealing our code" thing, Igor Sobrado, (Sun Sep 2, 8:28 am)
Re: Fwd: That whole "Linux stealing our code" thing, Igor Sobrado, (Sun Sep 2, 9:00 am)
Re: Fwd: That whole "Linux stealing our code" thing, Krzysztof Halasa, (Sun Sep 2, 9:57 am)
Re: Fwd: That whole "Linux stealing our code" thing, Jeff Garzik, (Sun Sep 2, 10:11 am)
Re: Fwd: That whole "Linux stealing our code" thing, Igor Sobrado, (Sun Sep 2, 11:58 am)
Re: Fwd: That whole "Linux stealing our code" thing, Matthew Jacob, (Sun Sep 2, 2:23 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Adrian Bunk, (Sun Sep 2, 9:12 am)
Re: Fwd: That whole "Linux stealing our code" thing, Jeff Garzik, (Sun Sep 2, 8:36 am)
Re: Fwd: That whole "Linux stealing our code" thing, Luis R. Rodriguez, (Sat Sep 1, 7:48 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Constantine A. Murenin, (Sat Sep 1, 8:11 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Adrian Bunk, (Sat Sep 1, 5:16 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Constantine A. Murenin, (Sat Sep 1, 5:51 pm)
Re: Fwd: That whole "Linux stealing our code" thing, Adrian Bunk, (Sat Sep 1, 6:06 pm)