Article View: comp.arch
Article #23094Re: GPL and NDAs
From: Christopher Browne
Date: Tue, 01 Feb 2000 00:00
Date: Tue, 01 Feb 2000 00:00
60 lines
4051 bytes
4051 bytes
Centuries ago, Nostradamus foresaw a time when Isaac would say: >On Sun, 30 Jan 2000 20:07:54 -0800, Jeffrey B. Siegal <jbs@quiotix.com> wrote: >>Isaac wrote: >>> Exactly right. Copyright law does give certain rights to people who own >>> copies of software. Some of these are rights that publishers of >>> proprietary software don't want you to use. But the concept of owning >>> rather than possessing copies of software are certainly supported by >>> law. >> >>You *can* own copies of software, the way you own a book, but you do not need >>to own a copy to use or have a license to use a copy. Most software license >>agreements state that you do not own the software at all, it is simply made >>available for your use. >> >Most software licenses claim that you don't even own copies of the >software. If they didn't claim this, they couldn't limit rights expressly >granted by law to owners of copies. The fact that the legal mechanism being used is formally known as "copyright" should be a telling factor. Copyright is all about establishing what rights different persons have to make copies of works. It only seldom has anything at all to do with establishing ownership; ownership is a factor that generally speaking establishes the implicit right to do whatever the owner wants. If you own something by virtue of authorship, you can do pretty much whatever you like with it. That is sometimes mitigated by there being some arrangement where someone else acquires some control. For instance, if an author agrees to sell a book through a particular publisher, there is normally some arrangement whereby the publisher becomes the *exclusive* distributor, often for some period of time. The GPL does nothing to the "ownership" arrangement; while it *is* a somewhat subversive "hack" of the legal system, it happens to use the traditional arrangements of having owners as well as non-owners, and distributing copying rights amongst them in some manner that one hopes will be useful. If I write code that I distribute under the GPL, the code, by virtue of my authorship, *belongs to me.* The fact that the use of the GPL has the (arguably peculiar) result that it distributes the code widely to people that do not wind up owing me licensing fees does not diminish the fact that I, as author of the code, will be treated by the legal system as the owner of the code. Note that in some cases it may be unfortunate to be the owner. The fellow in Norway that wrote DeCSS code may be a bit unhappy that, as main author, MPAA and other "big entertainment industry" folk are focusing on his involvement as author/owner. -- If the odds are a million to one against something occuring, chances are 50-50 it will. cbbrowne@hex.net - - <http://www.hex.net/~cbbrowne/lsf.html>
Technical Details
Message-ID:
<slrn89cllt.p69.cbbrowne@knuth.brownes.org>Path:
arc1-ca.pugleaf.net!unknown!not-for-mailReferences:
<y4902dyklq.fsf@mailhost.neuroinformatik.ruhr-uni-bochum.de> <qhwvp8paaw.fsf@ruckus.brouhaha.com> <388F8A3B.19C57187@home.c <3894D5EE.CE3BF2B@gmx.de> <872su8$aeh$1@jetsam.uits.indiana.edu> <slrn899uk7.50.isaac@latveria.castledoom.org> <38950A9A.774845B0@quiotix.com> <slrn89b8i4.4u.isaac@latveria.castledoom.org>Show Full Headers
Complete Article Headers
X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 102b75,6e7c0786c7ba904e X-Google-Attributes: gid102b75,public X-Google-Thread: 1025b4,92d97b78a13510de X-Google-Attributes: gid1025b4,public From: cbbrowne@knuth.brownes.org (Christopher Browne) Subject: Re: GPL and NDAs Date: 2000/02/01 Message-ID: <slrn89cllt.p69.cbbrowne@knuth.brownes.org> X-Deja-AN: 580189865 References: <y4902dyklq.fsf@mailhost.neuroinformatik.ruhr-uni-bochum.de> <qhwvp8paaw.fsf@ruckus.brouhaha.com> <388F8A3B.19C57187@home.c <3894D5EE.CE3BF2B@gmx.de> <872su8$aeh$1@jetsam.uits.indiana.edu> <slrn899uk7.50.isaac@latveria.castledoom.org> <38950A9A.774845B0@quiotix.com> <slrn89b8i4.4u.isaac@latveria.castledoom.org> X-realname: Isaac X-Abuse-Info: Otherwise we will be unable to process your complaint properly X-Complaints-To: abuse@GigaNews.Com X-newsgroup: gnu.misc.discuss X-Trace: sv2-tfL1FTC3ELNBse+ACRbF1OHwrEVJh9rfinwxAhY+auVbkew3E1klZAt1iboRQt9VTLCC7adjXv9cVcM!YpZaIWJF1DpwOBIYTCKMcKA= Organization: Giganews.Com - Premium News Outsourcing User-Agent: slrn/0.9.6.2 (Linux) Reply-To: cbbrowne@hex.net NNTP-Posting-Date: Mon, 31 Jan 2000 21:44:06 CST Newsgroups: comp.arch,gnu.misc.discuss