Re: Bitkeeper outrage, old and new

Rob Landley
2002-10-21T05:32:47Z

On Sunday 20 October 2002 18:04, Daniel Berlin wrote:
> On 20 Oct 2002, Robert Love wrote:
> > On Sun, 2002-10-20 at 18:52, Daniel Berlin wrote:
> > > On Sunday, October 20, 2002, at 05:51 PM, Robert Love wrote:
> > > > It is called copyright _assignment_ for a reason. How the hell are
> > > > two people supposed to simultaneously own a copyright on the same
> > > > work?
> > >
> > > Joint authorship.
> >
> > The FSF Copyright Assignment is not joint authorship, it is copyright
> > assignment. They alone possess the work's copyright.
>
> Of course.
> But you asked "How the hell are two people supposed to simultaneously own
> a copyright on the same work?"
> The answer is "Joint authorship".

An analogous legal concept, for those of you who have taken a community
college business law course (and if you haven't, it might be a good idea), is
the partnership. See "joint and several liability". (There's a reason they
invented the corporation...)

As far as I understand, joint authorship does not apply to the linux kernel
because the contributors are operating under a license to an existing work
rather than an up-front collaboration between partners to produce a specific
good. (Joint authorship pretty much happens up-front.) The fact the
contributors largely don't know each other, and that patches are discrete
entities which may be individually tracked (and thus individually owned),
work in here too.

It's more like designing and manufacturing spider man collector cups. The
drawing on the cup is a new copyrightable item, but the character being
portrayed is a licensed entity. A license to put your own drawing of
spider-man on a plastic cup doesn't give you the right to turn around and
stick that drawing on pajamas and bath towels, even though it's your drawing
which you have a copyright on. In this kind of collaboration, you must have
compatable licenses for the components...

I am not, of course, a lawyer. :)

Rob