Subject: Re: BXAPL - request for comments
From: "Abe Kornelis" <abe@bixoft.nl>
Date: Wed, 30 Oct 2002 22:24:18 +0100

Larry,

See below for comments. Please find my responses inserted in the 
existing text.

Abe.

> > > > B) Copyrights of Modifications to be passed to Copyright Holder.
> > > >      Found no mention of such a requirement in the OSL.
> > > 
> > > The requirement that downstream licensees who modify the software 
> > > assign their copyrights to the licensor is entirely 
> > unacceptable.  Why 
> > > do you need that?  The OSL is fully enforceable by the 
> > licensor even 
> > > if he doesn't own the copyrights.  (This is not true for the GPL or 
> > > LGPL!)
> > --> It was based on QPL, section 2. If it is utterly unacceptable
> >       then how did the QPL ever get approved? If it hadn't 
> > been approved
> >       I never would have used it as a source of inspriation.
> 
> I'm confused.  The QPL doesn't require that "copyrights of modifications
> be passed to copyright holder."  Section 2 in the QPL?  I still don't
> see it.

Your confusion is understandable. Entirely my mistake - apologies
offered. Please check QPL, granted rights, section 3b and 6c.

> Sorry, I regretted my use of the term "hogwash" as soon as I sent the
> email.  I just strongly believe that no US judge will enforce anything
> other than copyright law terms in a copyright license; if the license is
> subject to contract law, however, then contract law terms can be
> enforced.
--> 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.

> What a court will do in Holland or France is a mystery to me.
> Do the judges there still wear wigs and speak in haughty accents?
--> You're asking for a flame, but that won't get us nowhere.
      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.

Kind regards, Abe Kornelis.



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