[Foundation-l] re GFDL publisher credit

Sat Jul 15 17:39:57 UTC 2006

Jeffrey V. Merkey wrote:

>Ray Saintonge wrote:
>
>  
>
>>Anthony wrote:
>>
>> 
>>
>>    
>>
>>>On 7/14/06, Jeff V. Merkey <jmerkey at wolfmountaingroup.com> wrote:
>>>
>>>
>>>   
>>>
>>>      
>>>
>>>>" ...Wikimedia doesn't transfer the ownership of anything, and there is no
>>>>rental, lease, or lending. But then again, by that definition
>>>>*nothing* distributed over the Internet is published, and I doubt a
>>>>court would agree with that...."
>>>>
>>>>Because of the way the GFDL works, ownership is transferred to every person
>>>>that receives it.
>>>>  
>>>>
>>>>     
>>>>
>>>>        
>>>>
>>>Ownership of what?  The ownership of copyright doesn't get
>>>transferred.  Copies of the work don't get transferred.  What gets
>>>transferred?  Bits?
>>>
>>>   
>>>
>>>      
>>>
>>I agree with you on this.  GFDL is a licence, not a transfer of ownership.
>> 
>>
>>    
>>
>It transfers rights tantamount to ownership (all of this GNU crap does). 
>And may qualify
>as a transfer of copyight since it conveys "RIGHT TO COPY" == COPYRIGHT. 
>People
>just for some reason are not able to get this. Go read the licence. If 
>you grant someone unlimited
>RIGHT TO COPY under the Doctrine of Esstoppel, after they do it for some 
>period of time,
>it may qualify as a transfer of copyright.
>
>There is case law that backs up this view -- Copyrights can be 
>transferred on the back of a bubble gum
>wrapper according to one ruling by the Circuit courts when you give 
>someone UNLIMITED RIGHT TO COPY
>something.
>
>Jeff
>  
>
What makes this position possibly valid is the fact people state the 
content under such licenses is "FREE". When you say
something is FREE it implies a transaction or transfer occurred. "I did 
not pay for this new hat, it was free and part of
a promotion, but it was given to me for FREE, and now it's MY PROPERTY". 
I think you can see the logic. If folks
want to make claims they hold copyrights on materials under any of these 
GNU licenses, the words "FREE" should not
be used and replaced with "LICENSED AT NO CHARGE FOR EDUCATIONAL 
PURPOSES" and the words
"RIGHT TO COPY" replaced with "LICENSED UNDER THE TERMS."

Jeff

>  
>
>>Ec
>>
>>_______________________________________________
>>foundation-l mailing list
>>foundation-l at wikimedia.org
>>http://mail.wikipedia.org/mailman/listinfo/foundation-l
>>
>> 
>>
>>    
>>
>
>_______________________________________________
>foundation-l mailing list
>foundation-l at wikimedia.org
>http://mail.wikipedia.org/mailman/listinfo/foundation-l
>
>  
>