Subject: Re: Copyright Law vs Contract Law.
From: "Stephen J. Turnbull" <stephen@xemacs.org>
Date: Sat, 21 Dec 2002 00:25:42 +0900

>>>>> "Adam" == Adam Theo <theo@theoretic.com> writes:

    Adam> The biggest question we are facing right now is whether
    Adam> copyright law should be sufficient to legally force the
    Adam> developer to release the source code when the money or time
    Adam> requirement is solved for,

Copyright law governs copying.  If the source code hasn't been
released, there's nothing to copy, and the terms of the license under
copyright are degenerate.

If there is a source release, then the license could say "possessers
of this code under this license may treat it under the terms of the
GPL starting on Jan 1, 2005," and that would probably be valid.

But anything that involves counting money is going to require a real
contract: auditors (for both the money and the content of the source
code), dispute resolution, etc.

-- 
Institute of Policy and Planning Sciences     http://turnbull.sk.tsukuba.ac.jp
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