"Stephen J. Turnbull" <turnbull(a)sk.tsukuba.ac.jp> writes:
Per> The standard assignment has this clause:
Per> Upon thirty days' prior written notice, the Foundation
Per> agrees to grant me non-exclusive rights to use the Work ...
I just asked a lawyer, what, if anything, this clause means. He
hasn't replied yet. It is not clear to me whether "use" would allow
redistribution under another license without the FSF's explicit
participation, since licensing is evidently a power of the copyright
holder.
I think "use as I see fit" would allow that.
I also think if you or your company's lawyer (I am writing generically)
find the wording ambiguous, then rewrite it! If you want to add or
re-write a clause, then there is no rule against that. (It would slow
the procces down, though.)
Per> There are other options. For example, you can
"disclaim"
Per> copyright - i.e. sign a statement that you're putting your
Per> changes into the public domain.
Not a profit-oriented corporation. A corporation has a fiduciary
responsibility to its stockholders. Using GPL, you can argue you've
discharged that obligation by the usual ESR-style arguments about
efficacy of open-source development, but disclaiming copyright is
simply destroying corporate assets.
Nonsense. Corporations assign/give code to organizations that release
the code under very unrestrictive licenses, which are pretty darn
close to public domain. The minor "fiduciary" advantage of using
(say) a MIT-style license or some BSD variant over public demain
is minor and one could argue that there are compensating advantages to
using public domain: It is simpler, and hence saves expensive lawyer
and manager time. It is also better understood legally.
Corporations also donate to charities all the time, which would also
seem to kill your "fiduciary responsibility" argument.
It is true that the FSF is restricted from enforcing proprietary
licenses themselves, but they could abandon the Work to the public
domain, which would have the same effect of permitting proprietary
improvements to the code.
I'll go along with the concern as being valid. However, Ben wrote:
some evil corporate identity [could] revoke the GPL and enforce any
license they please.
That I believe is not a valid issue.
--
--Per Bothner
per(a)bothner.com
http://www.bothner.com/~per/