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