Subject: Re: [Approval request] CMGPL licence
From: Angelo Schneider <angelo.schneider@oomentor.de>
Date: Thu, 08 Nov 2001 00:47:22 +0100

Hi all!

> > Von:  Marcel van der Boom[SMTP:MARCEL@HSDEV.COM]
> > Gesendet:     Mittwoch, 7. November 2001 21:24:32
> > An:   license-discuss@opensource.org
> > Betreff:      Re: [Approval request] CMGPL licence
> > Diese Nachricht wurde automatisch von einer Regel weitergeleitet.
> >
> > It means that you created a derivative work of the GPL, something
> > you cannot do without permission of the copyright holder.
> >
> 
> Granted,...maybe. This is a difficult matter. If I
> hired a lawyer and said to him. "I want this license, but in different
> wording and only this article removed" what would be the result of this?
> How much wording must be changed?
> 
> If I hired the lawyer and drafted in my own words the
> rights and obligations of the GPL for him without him knowing the GPL
> (which is very likely sad enough) What would be the result?
> 
> I don't know. The software requirements and obligations for creating a
> derivative work are complex enough. I don't know about these legal
> documents like a license. I doesn't feel right somehow to place this
> restriction on it. It *does* feel right to disallow modifications which
> carry the same name.
> 
> > If you write your own license, not incorporating substantial portions
> > of the GPL, then you are copyright-independent of the GPL.  Good luck.
> 

Well,

exactly for the stated reasons, laws, court arguments, and contracts,
even IMHO licenses are not copyrighted in the EU.

Of course I have no clue how it is in the US, but I can not believe that
changing a license or a contract to your own needs violates copyright of
an preexisting similar contract/license.

It would be for the benefit of all of us if one of the more expoerianced
memberes here would shed a light on that.

Especialy the point: "use a different allready approved license" makes
absolutely no sence. Either *ALL* licenses are under the copyright of
the inventor or none.

Regards,

   Angelo

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