Re: Standing on multi-authored works
cody koeninger <[email protected]> Mon, 18 Apr 2005 12:26:39 -0700 (PDT)
| Newsgroups | gmane.comp.misc.free-software-business |
|---|---|
| Message-ID | <[email protected]> |
--- "Marshall W. Van Alstyne" <[email protected]> wrote: > Interesting point, which sounds correct. It > suggests that a good property > of F/OSS licensing, in any form, might be to grant > (non-exclusive) standing > to the original (c) holder or the institution, such > as FSF, responsible for > managing the software. > Generally speaking, you can't artificially create standing - merely telling someone in writing that they have standing won't let them make a court agree to hear a claim. More to the point, in the U.S. at least, in order to bring suit on a copyright claim, you need to be the owner or exclusive licensee (nonexclusive isnt enough). Otherwise you have to join everyone who has an interest in the work. See 17 usc 411 & 501(b) In other words, the FSF's practice of getting assignments is necessary in order to enforce the GPL. __________________________________ Do you Yahoo!? Plan great trips with Yahoo! Travel: Now over 17,000 guides! http://travel.yahoo.com/p-travelguide