Subject: Re: BXAPL - request for comments
From: "Abe Kornelis" <abe@bixoft.nl>
Date: Thu, 31 Oct 2002 22:00:23 +0100

Larry,

> Perhaps you're still confusing terms.  Those sections of the QPL don't
> require that "copyrights of modifications be passed to the copyright
> holder."  They are simply grant-back licenses, albeit a little awkwardly
> phrased.
--> I still maintain that BXAPL section 12.5 is a nearly exact copy
      (semantically, that is, not literally)  of QPL sections 3b and 6c
toghether.
      If my understanding of English fails me at this point, what is the
      difference, please?

> > --> Anything that is the author's prerogative under copyright law
> >       can be licensed to third parties under certain restrictions.
> >       I don't see where contract law comes in.
>
> Because many licenses deal with much more than "the author's prerogative
> under copyright law."  There are many provisions in these licenses that
> have no analogue in copyright law at all, including warranty, etc.,
> etc., etc.
--> John Cowan's mail cleared some points you're trying to make here.
      From his mail I conclude that you are right in pointing out that
      various provisions in the BXAPL will be unenforcible without
      invoking contract law - in addition to copyright law.
      I'll reconsider what this means for the BXAPL.

> Damn, that was my most fervent wish.  I haven't been getting enough
> flames on license-discuss.
>
> >       Why don't you come and see for yourself? Anyway, the
> >       English seem to like those wigs, so what? Furthermore,
> >       the French legal system and practices are presumably *quite*
> >      different from ours - and both will differ from yours and then
> >      again from the English. Still, intellectual property
> > laws are sait
> >      to be quite comparable due to the international treaties on the
> >      subject.
>
> So they say.  I just practice here in California and the U.S.
--> Does 'practicing' imply that you are still in your apprenticeship ;-)
       (Sorry, couln't resist the bait)

Kind Regards, Abe Kornelis.


--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3