Educators should know that code contributors to GPL'd software don't sign the nonexclusive GPL license in writing, but they do retain original copyright ownership. After contributors legally transfer ownership of the code to new owners, the Copyright Act is controlling law.
TITLE 17 - COPYRIGHTS CHAPTER 2 - COPYRIGHT OWNERSHIP AND TRANSFER Sec. 205. Recordation of transfers and other documents (e) Priority Between Conflicting Transfer of Ownership and Nonexclusive License. -
A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such owner's duly authorized agent, and if -
(1) the license was taken before execution of the transfer; or (2) the license was taken in good faith before recordation of the transfer and without notice of it.
What this says is any person distributing the GPL'd code after legal transfer, without a signed in writing GPL license is infringing on the new owner's copyrights.
Read it closely before your mouse finger convulses.
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Posted by: gumout on December 18, 2003 02:48 AMTITLE 17 - COPYRIGHTS
CHAPTER 2 - COPYRIGHT OWNERSHIP AND TRANSFER
Sec. 205. Recordation of transfers and other documents
(e) Priority Between Conflicting Transfer of Ownership and Nonexclusive License. -
A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such owner's duly authorized agent, and if -
(1) the license was taken before execution of the transfer;
or
(2) the license was taken in good faith before recordation of the transfer and without notice of it.
What this says is any person distributing the GPL'd code after legal transfer, without a signed in writing GPL license is infringing on the new owner's copyrights.
Read it closely before your mouse finger convulses.
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