Why can they not defend software rights without copyright assignment? Surely they could pay the legal fees for a third party! More and more foundations are inserting themselves into the process of "developing" software. Most of them have handsomely paid directors, who parade at conferences and talk about how awesome free software is. The actual developers are supposed to be silent work horses and deliver everything f…
SF Conservancy now accepting copyright assignment for any GPL software
21–30 of 161 posts
Re: SF Conservancy now accepting copyright assignment for any GPL software
#22Earlier quoted context omitted.
Prior instance of principal-agent problem in open-source, https://lunduke.substack.com/p/linux-foundation-spends-just-... > The Linux Foundation — the organization that effectively controls Linux and employs the creator of Linux — only spends 3.4% [of $177M] on… Linux. Is the proposed SFC copyright assignment intended to be temporary, e.g. could it be returned to the creator after a legal case is won? Why is it not s…
You've linked to an article that is very clearly written in bad faith because it dislikes decisions being taken by the Linux organisation, not because they are actually dumb enough to think that a 3.4% line item for "linux kernel development" means that's all they spend on linux. Urgh.
Re: SF Conservancy now accepting copyright assignment for any GPL software
#23How can we trust that the SF Conservancy, or its successors, won't do something untoward with the copyright assignment? Looking at their list of sponsors doesn't exactly assuage any such doubts as to their trustworthiness either.
"Something untoward" is a bit vague. You have to specify who's being threatened at the very least. * For project maintainers: The SF Conservancy can't prevent developers from working on their own project, because it is GPL-licensed and copyright holders can't retract GPL licensing once it's been given. * For end-users: The GPL is a copyright license, not a EULA. So it only affects developers. * For businesses that di…
This is only true for GPLv3, and not GPLv2.
Re: SF Conservancy now accepting copyright assignment for any GPL software
#24Why can they not defend software rights without copyright assignment? Surely they could pay the legal fees for a third party! More and more foundations are inserting themselves into the process of "developing" software. Most of them have handsomely paid directors, who parade at conferences and talk about how awesome free software is. The actual developers are supposed to be silent work horses and deliver everything f…
You can agree to pay someone's legal fees but you can't generally file legal action on their behalf without their involvement. So they could potentially defend the software rights of people who are sufficiently easy to contact and willing to be at least nominally involved in legal proceedings.
Re: SF Conservancy now accepting copyright assignment for any GPL software
#25Earlier quoted context omitted.
Prior instance of principal-agent problem in open-source, https://lunduke.substack.com/p/linux-foundation-spends-just-... > The Linux Foundation — the organization that effectively controls Linux and employs the creator of Linux — only spends 3.4% [of $177M] on… Linux. Is the proposed SFC copyright assignment intended to be temporary, e.g. could it be returned to the creator after a legal case is won? Why is it not s…
Even if you consider all the information in the linked article, the 3.4% is misleading. There's no indication that 100% of the linux-related work the Linux Foundation does falls into the 'linux kernel support' bucket. More to the point, the foundation's web site doesn't say that its mission relates to Linux. It talks about software communities, open source etc.
Re: SF Conservancy now accepting copyright assignment for any GPL software
#26I'd love for SFC to have _joint_ copyright with me. I'd be glad to assign them copyright to odd lines of my code, while I keep the even ones, for instance. If they do enforcement for me, that's great. If damages help sustain their operations, so much the better.
However, this assignment allows them to:
- Sell my GPL code to Apple for use in their new iPad
- Relicense my AGPL code under the BSD license (or vice-versa)
... and so on. The whole point of free software licenses is to act as a sort of constitution or code-of-conduct. This just hands over the keys to the castle.
I would love to have this service, but I would never blindly hand over my copyright like this. I would definitely NOT sign anything with language like "irrevocably appoints Conservancy as their attorney-in-fact to take any necessary steps to perfect Conservancy’s rights under this Agreement." This just feels predatory.
I'm not attributing malice, but SFC should go back and draft an agreement that's fair to both sides. SFC should guarantee basic rights, such as that the license won't be changed without my permission, not "The Conservancy will use its discretion for any relicensing of the Works under other free and open source software licenses. Decisions about relicensing made by Conservancy will apply to its assignees and successors."
I've seen not-for-profits drift from their roots, in one case, even selling all similar assets and rights to a for-profit.
(As a footnote, if they wanted this to be sustainable, they might give the assignor some portion of damages if they ever need to enforce the license)
Re: SF Conservancy now accepting copyright assignment for any GPL software
#27Earlier quoted context omitted.
"Something untoward" is a bit vague. You have to specify who's being threatened at the very least. * For project maintainers: The SF Conservancy can't prevent developers from working on their own project, because it is GPL-licensed and copyright holders can't retract GPL licensing once it's been given. * For end-users: The GPL is a copyright license, not a EULA. So it only affects developers. * For businesses that di…
>copyright holders can't retract GPL licensing once it's been given This is only true for GPLv3, and not GPLv2.
That seems unlikely, or somebody would do it just for the laughs. (I certainly would)
Re: SF Conservancy now accepting copyright assignment for any GPL software
#28Quick note that the SF Conservancy has been advancing a scary new approach to liability with GPL. Historically, the rights and responsibilities related to GPL comes from the copyright holder. If the GPL was not followed, the person who wrote the code could optionally take action. This actually works out pretty well, because folks who actually code tend NOT to file frivioulus type legal cases and things were reasonabl…
Re: SF Conservancy now accepting copyright assignment for any GPL software
#29Quick note that the SF Conservancy has been advancing a scary new approach to liability with GPL. Historically, the rights and responsibilities related to GPL comes from the copyright holder. If the GPL was not followed, the person who wrote the code could optionally take action. This actually works out pretty well, because folks who actually code tend NOT to file frivioulus type legal cases and things were reasonabl…
what does this mean? Is it a rewrite if the interpretation changes? How does one infer what the person granting this license "really meant"?
I think it's wrong not to get lawyers involved, because the laymen gets legalese interpretation wrong all the time (and it's an easy mistake to make - "doesn't match what developers understood the GPLv2 to mean at all").
GPL enforcement should be scary - banking on the folks who owns the copyright not enforcing it should not be possible. Selective enforcement should not be a thing either. This can only be possible if an overarching entity with funding does the enforcement.
Re: SF Conservancy now accepting copyright assignment for any GPL software
#30Earlier quoted context omitted.
>copyright holders can't retract GPL licensing once it's been given This is only true for GPLv3, and not GPLv2.
So any Linux kernel contributor in the last 30 years can pull their license and force an immediate "emergency rewrite" of everything they've contributed? Since other Linux developers would no longer have a license to use it? That seems unlikely, or somebody would do it just for the laughs. (I certainly would)