On Fri, 4 Feb 2011 18:36:34 -0800 Sean Corfield <seancorfi...@gmail.com> wrote:
> On Fri, Feb 4, 2011 at 6:16 PM, Eugen Dück <eu...@dueck.org> wrote: > > Is it really necessary, though? We all agree to EULAs and make other > > more significant legal commitments online all the time, and in some > > cases without having proven who and where we are. > > There are certainly some legal transactions that do not accept > electronic "agreements" and require a physical signature. > > IANAL so I looked up US copyright law and found this paragraph about > transfers in Circular 1 (from here > http://www.copyright.gov/help/faq/faq-assignment.html ): > > "Any or all of the copyright owner’s exclusive rights or any > subdivision of those rights may be transferred, but the transfer of > exclusive rights is not valid unless that transfer is in writing and > signed by the owner of the rights conveyed or such owner’s duly > authorized agent. Transfer of a right on a nonexclusive basis does not > require a written agreement." > > So that's why a written signature is required for the Clojure CA. Um, read the last line in the quote, about "nonexclusive basis". The first bullet of clause two in the CA (downloaded just now) grants Rich Hickey a "... perpetual, irrevocable, non-exclusive, worldwide ... license" Given that the license is nonexclusive transfer (and I have to wonder if you'd get any contributors otherwise, or if any other OSS project has an exclusive transfer), then according to that last line, it "does not require a written agreement." IANAL either, but it sure seems like the current requirements exceeds what the law requires. <mike -- Mike Meyer <m...@mired.org> http://www.mired.org/consulting.html Independent Network/Unix/Perforce consultant, email for more information. O< ascii ribbon campaign - stop html mail - www.asciiribbon.org -- You received this message because you are subscribed to the Google Groups "Clojure" group. To post to this group, send email to clojure@googlegroups.com Note that posts from new members are moderated - please be patient with your first post. To unsubscribe from this group, send email to clojure+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/clojure?hl=en
